How to Claim Medical Negligence – Your Guide.
Making a medical negligence claim or suing a hospital can be daunting. But when you’re injured or ill because of medical negligence, it can have a big impact on your life and your family, and […]
Surgical error or injury compensation lawyers.
More personal, more compensation.
It’s an unfortunate reality that treatment doesn’t always go to plan, and even the most experienced surgeons and specialists sometimes get it wrong. If an error is made by your surgeon or specialist, the consequences can be significant, and you might be entitled to compensation.
We ask more questions and get to know you personally. It’s how we spot the things others don’t, so you get more compensation.
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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’ve helped many people get compensation for surgical errors and injuries, but we understand your situation is unique, and you’re different from every one of them. Getting you more compensation starts with building a personal relationship with you, to truly understand your situation.
There’s no cost to speak to a surgical negligence lawyer, tell your side of the story, and find out how much you can claim.
We’ll get you more compensation.
Injuries caused by surgical errors often mean time off work, unplanned expenses and financial stress. But we’re here to help. We get to know you and your family to learn about your life before your injury. We look beyond your injury, to understand your work, family, social and financial situation. Then we look at what’s changed. Many of our clients’ injuries have led to other life complications and health issues. By getting to know you personally we identify these issues and claim all your entitlements. That’s why you’ll get more compensation with Law Partners on your side.
What can I claim for?
Surgical errors can lead to a variety of consequences, leaving the patient with longstanding disabilities. Here are some examples of common claims:
- Nerve damage or damage to vascular structures
- Eye surgery negligence
- Spinal injury negligence
- Brain injury medical negligence
- Anaesthetic negligence / complications
- Cardiology malpractice / negligence
- Bowel and bladder perforations
- Injury and damage to surrounding tissue and organs
- Performance of incisions at the wrong locations
- Carrying out the wrong procedure or operating on the wrong body part or patient
- Leaving surgical equipment inside the patient
If you’re not sure whether you’re entitled to make a claim, you can call 13 15 15 and get free advice from a surgery injury lawyer.
Getting started.
Tell us about your claim.
Speak to one of our friendly solicitors today and find out if you can claim.
We’ll get to know you.
Our solicitor will ask more questions and get to know you personally to work out everything you’re entitled to.
We’ll offer to start your claim.
We’ll explain how we can claim all your compensation and give you our ‘no win no fee’ guarantee. You decide if you want to proceed – there’s no obligation.
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.
Your surgery lawyer will assess your situation and form an opinion on whether you have a valid claim.
We’ll go through your medical records to determine whether they support an allegation of surgical negligence.
We’ll consult one or more qualified medical professionals and get written reports to back up the allegation of negligence.
Once we’ve established the likelihood of success with your claim, we’ll advise you on your options.
If you decide to proceed, we’ll prepare your claim by compiling all of the evidence needed including medical records, witness statements, medical reports and forensic accounting reports to substantiate your claim. All backed by our no win no fee, no disbursements guarantee.
You’re in safe hands with Law Partners.
Your surgical negligence lawyer is backed by a team of specialists including paralegals, medico-legal experts, forensic accountants and barristers. Your team will work hard for you, check in with you regularly and always keep you up to date with your case. You’re in safe hands with Australia’s largest specialist personal injury firm.
We have over 600 5-star reviews on Google.
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.
We’ll match you with a lawyer who specialises in surgical error or injury compensation claims like yours.
We’ll build a personal relationship with you and your family to make sure we understand the true impact of your injuries.
Your legal team will check in with you regularly and always keep you up to date with your case.
We win over 99% of our cases and pride ourselves in winning more compensation.
Do I have a case?
Our senior lawyers will assess your case for free.
Find out more about medical negligence.
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