FREQUENTLY ASKED QUESTIONS.
We understand medical negligence matters can be confusing, so we're here to make matters simpler.
View FAQ by topic
What is negligence?
Negligence is a failure to take reasonable care to avoid causing injury or loss to another person.
Medical negligence occurs when the treatment provided by a health service provider falls below an acceptable standard of care. It needs to be proved that:
- the doctor or hospital’s treatment did not meet the relevant Australian standards of care (breached their duty of care);
- the poor treatment resulted in suffering or injury to you, or
- any physical or psychological injury was caused by the negligence
to be legally considered medical negligence.
How do I know if my doctor was negligent?
Establishing whether or not your doctor was negligent can be difficult.
The most common types of negligence are:
You can read more about negligence and whether or not you qualify for compensation in our article here.
How do I know if I am eligible to make a claim for medical negligence?
Medical negligence can be a complex area of law, so it is always recommended that you consult a lawyer to be certain of your rights.
Roughly, you can assume you are eligible to claim for negligence if:
- 1Your doctor or medical professional was negligent - that is, they failed to provide an adequate level of care
- 2This has had a negative impact on you, physically, mentally, or financially
- 3You can calculate or predict your losses to be more than $100,000
- 4You became aware of the negligence less than 3 years ago
If you're unsure about your eligibility to claim, you can check out our article here which goes through the audit process step-by-step.
Can I bring a claim against any medical professional, or does it have to be a doctor?
Duty of care extends much further than just GP's.
Negligence can also be claimed against:
And many more.
The claims process
Can't I just make a complaint to the hospital?
Will I need to go to court?
Who will pay for my compensation?
Can I change lawyers during my claim?
Can I run my own claim?
Can I bring a claim on behalf of my child?
How does a claim affect the dodgy medical practitioner?
How long do I have to bring a claim?
How do I know if I qualify to make a medical negligence claim?
How do I start a claim for medical negligence?
Will I be out of pocket?
Will receiving Centrelink (or other benefits) affect my claim?
Do I have to pay for legal fees up-front?
Can undisclosed income or incomplete tax returns affect my claim?
Who pays for my compensation?