Can I claim compensation for a surgical error or injury?
The fact that a surgical error or injury has occurred doesn’t necessarily mean your surgeon or specialist was negligent. However, in most surgical error cases, it’s relatively straightforward to establish whether you have a claim. We need to show that the treatment fell below the expected standard of care, and the surgical error was a preventable complication or there were errors or outcomes beyond the known inherent risks of the surgery.
Our medical negligence lawyers have extensive experience in this area, and there’s no cost speak to one of our lawyers and get advice on whether you can claim compensation.
How much compensation can I claim for a surgical error or injury?
Surgical negligence payouts range from tens of thousands of dollars to millions of dollars. Depending on the severity of your injuries, your total compensation amount can include:
- Lost income – the amount of income you’ve lost through time off work.
- Medical expenses – resulting from your injuries or illness.
- Travel expenses – to and from medical appointments and treatment.
- Domestic assistance – the cost of getting help with home duties.
- Pain and suffering – an amount to compensate you for your pain and suffering, based on the extent of your injuries.
- Future losses – for example, your future earnings that you will miss out on as a result of your injuries.
How we can help you.
You’re in safe hands with Law Partners.
Your surgery lawyer is backed by a team of specialists including paralegals, medico-legal experts, forensic accountants and barristers. So you’re in safe hands with Australia’s largest specialist personal injury firm.
Yevgeni ShkuratovSenior Associate
As a solicitor, I’m relentless. I strive to give my clients my full commitment and I’ll stop at nothing to get the right result for them.
The key to achieving a successful outcome is having a solicitor who is thorough, diligent, composed and always willing to act in the very best interest of the client, no matter what. This is the solicitor I strive to be for every one of my clients.
Gillian PottsSpecial Counsel
Being a calm-natured and patient person, I find that the best way to help my clients with their claims is to first focus on listening to them and understanding their needs, and then set about fulfilling those needs and exceeding their expectations.
With over 15 years’ experience in personal injury law on my side, I’ve had the privilege of helping thousands of injured people and their families claim all the compensation they’re entitled to.
My philosophy has always been to accept people as they are. I apply this to my work as I always keep an open mind to every client and enquiry that comes through the door regardless of how they come to us or present on paper.
Empathy is such an integral value for every successful personal injury solicitor because it enables you to truly understand the client’s circumstances and build a connection with them. And a strong solicitor/client connection is the foundation of a successful claim.
Clare DecenaSenior Paralegal
No matter how many cases you handle, no two clients are ever the same, which is why I never assume but take the time to get to know each and every one of my clients in order to tailor a service that best suits their matter.
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Through constructive communication, it’s my job to ensure our clients know that they have a reliable, honest and extremely capable legal team who are always available to them.
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Frequently asked questions.
- Inexperience, which often occurs at the hands of trainee doctors known as “registrars” who operate at public hospitals.
- Lack of care as a result of performing the procedure many times.
- Poor and insufficient preoperative and postoperative planning, which often includes reviewing the necessary radiological investigations and preparing for any potential complications which are likely to occur.
- Improper surgical technique, where the surgeon fails to take appropriate steps during the procedure or takes shortcuts.
Surgical negligence claims are complex, so it’s important to get good advice and engage the services of a specialist surgery lawyer. Your lawyer will engage one or more medical experts who have experience in surgical errors to carry out assessments, review your medical records and provide a report detailing how your treatment was negligent.
We’ll manage this process for you, and we’ll cover the medical experts’ costs, so you won’t have to pay anything out of your own pocket.
If your surgical malpractice claim is denied by the insurer, we then commence proceedings to take the matter to mediation. It’s at this stage that most claims are resolved and a settlement (i.e. a medical negligence payout to you) is agreed upon. In the minority of cases where a settlement isn’t reached, we’ll advise you about taking your claim to court to pursue compensation.
A no win no fee medical negligence lawyer offers to run your case for you and only get paid when you win. If you choose the right lawyer, it’s an excellent option that allows you to pursue your claim without any risk, but it’s important to check the lawyer’s costs agreement to fully understand what’s covered. With some no win no fee lawyers you can still end up having to pay thousands of dollars in disbursements if your case is unsuccessful. This is because their no win no fee agreements cover their professional fees but not the costs they incur. At Law Partners, our no win no fee, no disbursements guarantee covers all our costs and disbursements as well as our professional fees, so you can pursue your claim with peace of mind.
Even if you’ve spoken to another lawyer and been told you don’t have a claim, you can call us for a second opinion. Our surgery injury lawyers have successfully pursued many claims that were rejected by other lawyers.
Why should I choose Law Partners?
Caring for our clients drives everything we do – that’s why thousands of Australians every year choose Law Partners.
Do I have a case?
Our senior lawyers will assess your case for free.
Find out more about medical negligence.
As a personal injury law firm, we see first-hand every day the psychological damage that a lack of empathy can cause. So we’re committed to promoting more empathy in the world, and sharing stories of the positive impact it can have.Meet some of the people whose stories inspire us