Falling ill can be stressful enough. When the
medical professionals that you rely on to feel
better do the wrong thing the outcomes
can be catastrophic.
When you have you been injured by medical treatment that was performed negligently
there may be significant physical, psychological and financial impact to you.
We can help you get compensation.
Do I have to have been treated by a doctor?
No. You need to have received medical and like treatment from a practitioner who is, or holds themselves out to be, a professional in a particular medical or allied health field.
What do I need to prove medical negligence?
You need to prove that that standard of care or treatment you received has fallen below that accepted as competent professional practice in the circumstances. This is assessed by practitioners working in the same medical or allied health field.
If I can prove medical negligence what can I recover?
You may be able to recover damages or compensation for the loss you have sustained. This includes the following:
- Pain and suffering;
- Loss of earnings and/or earning capacity;
- Past and future medical and like expenses.
To recover damages for pain and suffering you must also prove that you have suffered a permanent physical or mental injury to either 6% or 10% impairment respectively.
How long do I have to pursue a claim?
Generally, you have three years from the date that you became aware of a potential medical negligence claim. You may be able to get an extension of time in exceptional circumstances.
No win, no fee.
Robinson Gill offers 'no win, no fee' wherever possible to ensure affordable legal services. This does not include out of pocket expenses such as court fees or expert fees, however, you may be eligible to apply to Law Aid which may fund these expenses.
We recognise that an injury can impact a person's life in many ways. That's why we have a team with Accredited Specialists offering over 30 years' experience who are dedicated to supporting you through each step of the claims process to achieve the best possible outcome.
Speak with a lawyer.
We recognise that an injury can impact a person’s life in many ways. That's why we have a team with Accredited Specialists offering over 30 years' experience who are dedicated to supporting you through each step of the claims process to achieve the best possible outcome.
You may also need to consider:View Options
Consider the impact of compensation on your will
When someone receives compensation, we often suggest that they update their will or make their first will. Our wills team will be happy to assist with a complimentary review or to help you get startedGet your will looked at by an expert
Can you also make a claim through your superannuation fund?
Many superannuation funds include insurance if you are affected by a serious injury or illness. Our superannuation and TPD lawyers can advise you on the best approach for making a claim.Learn more about superannuation insurance
Resources & FAQs
Answers to common questions in
relation to the expertise.
John McEnroe’s famous edict can strike a shiver down the spine of any plaintiff personal injury lawyer. This is because proof of ‘serious injury’ is the threshold for making a common law claim for damages under either the WorkCover or TAC schemes.