If you have been harmed due to poor medical care, you may be entitled to pursue a medical negligence claim. Doctors and healthcare providers in Australia must give care that meets the standard expected of a skilled professional in similar situations. When this duty is breached, and it results in harm, you may be eligible for medical negligence compensation.

If you or a loved one has suffered due to medical negligence, our expert team is here to help you pursue justice and financial relief through no-win, no-fee legal services.

What is Medical Negligence?

Duty of care means that healthcare providers have a legal obligation to look after your well-being by giving safe and appropriate care. Medical negligence occurs when a healthcare provider fails to meet the required standard of care, causing harm or injury. 

In Victoria, the legal test is whether the professional acted in a manner that (at the time the service was provided) was widely accepted in Australia by a significant number of respected practitioners in the field as competent professional practice in the circumstances. If a breach of duty results in injury, a medical negligence claim can be pursued.

Elements of a Medical Negligence Claim

Successfully proving a medical negligence claim requires meeting four essential legal elements:

1. Duty of Care
   Healthcare providers, including doctors, nurses, and specialists, owe a duty to their patients to provide care that meets the standard expected of a competent professional in the same field.
   
   
2. Breach of Duty
   A breach occurs when the care provided falls below what is expected. This means the care was below the standard to be expected in the circumstances. To prove this, expert medical opinions are often needed. Carbone Lawyers can assist in sourcing expert testimony when needed.
   
   
3. Causation
   You must show that the injury was caused by the healthcare provider’s mistake. This is often challenging, as competing expert opinions may arise. Australian law applies the “but for” test, asking: would the injury have occurred but for the healthcare provider’s breach? If the answer is no, then the healthcare provider may be responsible.
   
   
4. Damage
   You also need to show how the mistake harmed you, such as medical costs or pain and suffering.
   
   

Types of Compensation for Medical Negligence

There are two types of compensation you can claim:

• Financial losses (economic damages): Costs like medical bills, lost wages, or past and future care needs.
• Non-financial losses (non-economic damages): Compensation for pain, suffering, or emotional distress.

Statutory Limits on Compensation

The law sets limits on how much compensation you can receive for non-financial losses like pain and suffering. This is called a ‘cap’ and is set by the Wrongs Act 1958 (Vic). These caps limit the amount a claimant can receive for general damages. Our legal team can help ensure you pursue the maximum compensation allowed under the law.

If your case involves the death of a loved one, dependents may also claim for loss of financial support, funeral expenses, and loss of companionship, as permitted under the Wrongs Act.

Examples of Medical Negligence

Medical negligence can take various forms, including:

• Failure to diagnose or delayed diagnosis
• Misdiagnosis leading to incorrect treatment
• Surgical errors, such as instruments left inside a patient
• Not warning patients about important risks (this is called a breach of informed consent)
• Errors in prescribing or administering medication
• Birth injuries or trauma during childbirth
• Failing to communicate important test results

Time Limits for Medical Negligence Claims

In Victoria, the Limitations of Actions Act 1958 (Vic) governs the timeframe for filing medical negligence claims. Generally, you have three years from the date you knew (or ought to have known) about the injury caused by negligence to file your claim. However, there are exceptions:

• If the injured person is a minor or lacks capacity, the time limit can be extended.
• Courts may also grant extensions if it is deemed just and reasonable, especially if the injury was not immediately apparent.

Our team can assess your situation to determine whether your case is still within the limitation period.

Steps in a Medical Negligence Claim

At Carbone Lawyers, we follow a structured approach to give your claim the best chance of success:

1. Free Initial Consultation
   We offer a no-obligation consultation to discuss your case. This allows us to determine whether your claim has a reasonable chance of success.
   
   
2. Investigation and Evidence Gathering
   Our team will gather medical records, expert opinions, and witness statements to build a strong case. This process can take several months, depending on the complexity of the case.
   
   
3. Negotiation with Insurers
   We try to settle the claim through negotiation to avoid the cost and stress of court.
   
   
4. Litigation (if necessary)
   If a fair settlement cannot be reached, we are prepared to take your case to court and have a strong track record of succeeding in court proceedings.

Contact Us Today

Suing for medical negligence can be complex, but you don’t have to navigate it alone. With the right legal team, you can pursue the compensation you need to recover and move forward with your life. Carbone Lawyers is here to help—whether you need guidance on how to sue for medical malpractice or want expert representation in no-win, no-fee medical negligence claims. Let us fight for the outcome you deserve.

If you believe you’ve been a victim of medical negligence, don’t wait. Contact Carbone Lawyers today for a free consultation and let us help you secure the compensation you deserve.

Call us at 1800 369 888 or fill out our online enquiry form, and we’ll get back to you promptly.