Medical Negligence Compensation Claims

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What is Medical Negligence?

Medical negligence refers to harmful acts and oversights committed by healthcare providers. Also known as medical malpractice, being awarded damages for this type of claim can help you recover your health and wellbeing.


Am I eligible to claim medical negligence?

Under Australian law, all medical professionals are required to provide their patients with an acceptable standard of care. To qualify for a medical negligence claim, you must be able to prove that your healthcare provider failed to meet this standard.


Just because you have suffered a negative outcome after receiving medical care does not automatically entitle you to damages – not all errors and oversights that occur during the course of medical treatment can be classified as negligence, as many procedures are inherently risky.


Medical malpractice claims can be made against a range of healthcare providers, including:

  • Doctors
  • Nurses
  • Dentists
  • Pharmacists
  • Allied health professionals

Common examples of medical negligence

Medical negligence can occur in any healthcare setting, although some areas of medicine are especially prone to adverse outcomes caused by a lack of proper care.


These are some common examples of medical negligence:

Diagnostic failures

When a doctor fails to diagnose an injury or illness within a reasonable amount of time, the patient’s condition can worsen and become more difficult to treat.

Inappropriate Prescriptions

Prescribing the wrong medication can cause harm in two separate ways:

  1. They will leave the patient’s symptoms untreated
  2. Patients may also experience side effects for medication they’re taking unnecessarily

Surgical Complications

From patients not being properly informed of the risks involved to inadequate post-operative care, negligence can occur in many different ways during the course of a surgical procedure.

Anaesthesia administration

Receiving any type of anaesthesia is risky, as just a small miscalculation in the dosage can cause permanent brain damage or even death.

The above examples are just some of the most common instances of medical negligence, but serious complications can occur in any area of medicine.

How long does a medical negligence claim take?

The duration of your claim will depend on a range of factors, including its complexity and the willingness of the other side to agree to a settlement.


Some cases can be drawn out for several months. Our medical malpractice lawyers will do everything they can to get your damages awarded quickly. 

How much compensation can I claim?

The amount of damages awarded in medical negligence claims is unique to each case. The compensation you are entitled to will be influenced by your claim’s circumstances and how your quality of life has been altered. If you can no longer work and require ongoing care, you may qualify for a more significant amount of damages.


Any out-of-pocket expenses you have had to cover is also an important consideration, as well as pain and suffering. Our medical negligence lawyers can advise you on a compensation amount after reviewing your case.

How much does it cost to claim medical negligence?

Expenses and outlays for medical negligence claims can vary between cases. At Sinnamon Lawyers, we provide a No Win No Fee service. Under this arrangement, you won’t have to pay for your legal fees if you aren’t awarded any damages. If your case is successful, your legal fees will be deducted from the damages you receive.


If you’re trying to recover from an injury or illness caused by medical negligence, contact Sinnamon Lawyers to arrange a free consultation today. We can provide advice and assess your case.

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There are strict limitation periods that apply to these claims, so for further information, please complete the online enquiry or give us an obligation free call.

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