A Complete Guide to Filing Medical Negligence Claims

When we seek medical treatment, we place immense trust in healthcare professionals to look after our wellbeing. But sometimes, that trust is broken — and the outcome can be devastating.

If you or a loved one has suffered due to poor medical care, you may be entitled to compensation through a medical negligence claim. This guide explains what medical negligence is, who can make a claim, what you need to prove, and how Law Works Compensation Lawyers can help you through the process.

What is Medical Negligence?

Medical negligence (also known as medical malpractice) occurs when a healthcare provider — such as a doctor, nurse, hospital, or clinic — fails to provide treatment that meets an acceptable standard of care, and as a result, the patient suffers harm.

Examples of medical negligence include:

• Misdiagnosis or delayed diagnosis
• Surgical errors
• Incorrect or inappropriate treatment
• Birth injuries
• Medication errors
• Failure to obtain informed consent
• Hospital-acquired infections due to poor hygiene or protocols

Can I Make a Medical Negligence Claim?

To succeed in a medical negligence claim, you need to show:

1. Duty of care – The healthcare provider owed you a duty of care (which generally exists in any doctor–patient relationship).
2. Breach of duty – The care provided fell below a reasonable standard.
3. Injury or harm – You suffered a physical, psychological or financial injury as a result.
4. Causation – The harm was caused (or materially contributed to) by the provider’s negligence.

This can be a complex and evidence-heavy area of law, which is why it’s crucial to seek advice from a lawyer who specialises in medical negligence claims.

What Can I Claim Compensation For?

Depending on the circumstances, compensation may be available for:

• Pain and suffering including loss of life expectancy or enjoyment of life
• Loss of income (past and future)
• Medical and rehabilitation expenses
• Domestic and personal care

In serious cases, claims may also be brought by family members for nervous shock or wrongful death.

How Long Do I Have to File a Claim?

In New South Wales, medical negligence claims are generally subject to a three-year limitation period from the date the injury was discovered (or ought to have been discovered). However, the law is nuanced, and exceptions do apply — especially in cases involving children or delayed diagnosis.

To protect your rights, it’s best to get legal advice as soon as possible from Law Works Compensation Lawyers.

Do I Need a Lawyer?

Yes. Medical negligence claims are highly technical and typically involve large insurers, hospital legal teams, and complex medical evidence. A skilled medical negligence lawyer can:

• Help you gather medical records and expert opinions
• Advise you on the strength of your claim
• Calculate your damages accurately
• Negotiate with insurers and lawyers
• Represent you in court if necessary

At Law Works Compensation Lawyers, we act on a no win, no fee basis. You don’t pay legal fees unless your claim is successful. Our lawyers are experienced in hospital negligence, GP errors, surgical claims, and more.

How Law Works Compensation Lawyers Can Help

We understand how emotionally and physically draining it can be to deal with the aftermath of medical negligence. That’s why we offer clear, honest legal advice and compassionate support at every stage of your claim.

We’re here to:

• Investigate your case thoroughly
• Connect you with medical experts
• Take on the legal stress so you can focus on recovery
• Fight for the maximum compensation available

Filing a medical negligence claim may feel overwhelming — but you don’t have to do it alone. If you believe you’ve been harmed by substandard medical care, speak to our Principals at Law Works Compensation Lawyers today.

Your first consultation is completely free. If we believe you have a claim, we’ll act on a no win, no fee basis, with our professional fees capped. Reach out to us today.

Contact Law Works Compensation Lawyers

Shop 4, 443 Chapel Road, Bankstown NSW 2200 Phone: 1800 955 605
Website: www.lwcompensation.com.au
Email: info@lwcompensation.com.au