Medical Negligence Lawyers Sydney

Medical negligence may occur when a healthcare provider fails to exercise the level of care and skill reasonably expected in the circumstances and that failure causes harm. An adverse outcome by itself does not necessarily establish negligence.

Claims involving doctors or GPs may arise from issues such as failure to investigate symptoms, failure to order appropriate tests, incorrect diagnosis, delayed referral, inappropriate treatment or inadequate follow-up.

Medical negligence during pregnancy, labour or delivery can sometimes cause serious injury to a mother or baby. These matters can be complex and may require specialist expert evidence about obstetric, neonatal or other medical care.

A medical negligence claim generally requires evidence addressing the duty of care, whether the required standard was breached, whether that breach caused or materially contributed to the injury, and the loss or damage suffered. Independent medical expert evidence is often important.

Strict time limits can apply to medical negligence claims in New South Wales. The applicable period can depend on when the injury and relevant facts became discoverable and on the claimant's individual circumstances. Legal advice should be obtained as early as possible.

Whether a claim exists depends on the particular medical history, the treatment provided, the harm suffered and the available evidence. A claim generally requires consideration of whether the standard of care was breached and whether that breach caused or materially contributed to injury or loss.

A diagnosis that is incorrect or unreasonably delayed may cause a patient to miss an opportunity for earlier treatment. The key question is whether the diagnostic process fell below the reasonable standard of care and whether the error or delay caused additional harm.

Dental negligence claims may involve avoidable nerve injury, incorrect treatment, failure to diagnose a condition, inappropriate extraction or implant treatment, or other care that may have fallen below the reasonable standard.

Depending on the circumstances and applicable law, compensation may take into account treatment and rehabilitation expenses, loss of earnings or earning capacity, care and assistance, and non-economic loss. The amount depends on the evidence and the individual claim.

We may be able to offer eligible medical negligence matters on a No Win, No Fee basis. The applicable terms, exclusions, disbursements and costs will be explained before you decide to proceed.

Potential hospital negligence claims may involve failures in diagnosis, monitoring, treatment, referral, discharge planning or follow-up care. The circumstances must be assessed carefully because not every complication or poor outcome amounts to negligence.

Surgical negligence claims can involve preventable errors during surgery, anaesthesia or post-operative care. A known complication is not automatically negligence; the treatment and decision-making must be assessed in context.

Medication-related claims may involve prescribing the wrong medication, incorrect dosage, failure to consider contraindications or interactions, or errors in administration. Whether negligence occurred depends on the circumstances and resulting harm.

The process commonly involves an initial assessment, obtaining medical records, identifying the relevant medical issues, seeking independent expert opinion where appropriate, assessing liability and loss, and advising the client about available options.