Surgical Negligence Lawyers
All medical professionals, including surgeons and anaesthetists, have a legal duty of care to provide safe, appropriate treatment. When that duty is breached—through preventable surgical errors, operating on the wrong site, misdiagnosis, or treatment that causes ongoing pain—you have the right to seek compensation.
Our medical negligence lawyers are committed to holding healthcare providers accountable. They fight to obtain the maximum compensation possible, helping you move forward after an experience that should never have occurred.
Recognised in Doyle’s Guide 2025 as a Leading Firm for Medical Negligence Compensation
Eligibility to claim for surgical negligence
To make a claim for surgical negligence, you must show that the care you received fell below the professional standards expected in Australia and caused a significant impact on your life financially, physically, or emotionally. Not every complication or poor outcome qualifies; there must be a clear error or breach of duty by the medical professional.
To help determine if you have a valid claim, consider the following questions.
1. Did the surgeon owe you a duty of care?
All surgeons, doctors and medical practitioners have a legal duty to provide care that meets accepted medical standards in Australia. This applies to you if you met with a professional or underwent surgery.
2. Did the surgeon breach their duty of care to you?
Whether through action, inaction or poor judgment, if the treatment or surgery you received wasn’t up to the expected standard, you may be eligible to make a claim. To help prove this, the team at GMP Law will arrange for medical experts to review your case to determine if there’s been a breach of duty.
3. Did the breach directly cause your injury or worsen your condition?
The negligence you suffered must have impacted your life in a meaningful way. This could be because of:
- Required time off work
- An inability to work in the future
- Medical or surgical expenses
- Rehabilitation or ongoing care
- Pain, suffering or changes to daily functioning
- Emotional distress.
Surgical negligence claims:
Your rights, our fight
Surgical negligence can happen in many ways, often causing serious physical, emotional, or financial harm. Some common types of surgical errors include:
Incorrect or unnecessary procedure
- Operating on the wrong patient
- Operating on the wrong site (e.g., left knee instead of right)
- Performing a procedure that was not needed
- Operating when conservative treatments were appropriate
- Failing to treat the actual underlying condition.
Ignoring patient history
- Overlooking known medical conditions
- Ignoring allergies or past surgical complications
- Proceeding with surgery despite dangerous medication interactions
- Not reviewing previous test results or imaging.
Lack of experience or training
- Surgeons performing procedures outside their expertise
- Junior or unqualified staff involved without supervision
- Inadequate training of the surgical team.
Fatigue or impairment
- Surgeon or staff being overly tired
- Being under the influence of medication or alcohol
- Reduced focus leading to errors.
Faulty or misused equipment
- Malfunctioning surgical tools
- Equipment used incorrectly
- Using contaminated instruments
- Failure to inspect or maintain devices properly.
Communication failures
- Miscommunication between surgical team members
- Failing to document crucial patient information
- Not informing the patient of known complications
- Performing surgery without proper informed consent
- Incorrect or missing post-operative instructions.
Incomplete procedures
- Failing to finish the surgery correctly
- Leaving wounds inadequately stitched or closed
- Not completing a procedure as planned, leading to further harm.
Retained surgical items
- Sponges, clamps, instruments or gauze left inside a patient
- Severe infections or organ damage resulting from retained items.
Unintended damage
- Causing avoidable scarring or cosmetic deformity
- Injuring surrounding organs or tissues during the procedure.
Speak with a surgical negligence lawyer now.
Start with a free consultation and get your case reviewed within minutes.
Why Choose Gerard Malouf & Partners
What you can claim for surgical negligence
If you’re a survivor of medical negligence in the operating room, you may be eligible for compensation for surgical errors. These payouts can help make up for financial losses, cover medical expenses and compensate for any pain or suffering.
Financial losses
- Lost salary due to forced time off work
- Project loss of future work and income
- The costs of medical procedures, specialist appointments and medical devices
- Any modifications you’ve had to make to your home.
Medical and care costs
- Medical treatments, medications and associated care
- Ongoing payments for carers, nursing support and/or rehabilitation appointments
- Consultations with specialists and any follow-up work
- Therapy appointments
- Domestic care (such as cleaners).
Pain and suffering
- Pain or discomfort that lowers your quality of life
- Emotional or psychological trauma
- Depression, anxiety or other mental health issues.
Family member claims
In some medical malpractice cases, close family members or partners may be able to claim on behalf of someone who cannot do so themselves. If surgical negligence has impacted your child or a loved one to such an extent that they cannot make the claim themselves, you may be able to claim on their behalf.
As a family member, you may also be able to make a claim in fatal circumstances involving wrongful death. In other cases, you may be able to bring a nervous shock claim, as compensation for the emotional stress or psychological harm caused by the aftermath of a serious surgical error.
Our Unique Fee Reduction Guarantee
Satisfaction first:
Fees second
If our service fails to meet the high standards we set, we’ll reduce our fees. We are the only Australian firm that backs our service with a written cost reduction promise, giving you total confidence in your claim.
The compensation claim process: Your journey with GMP Law
Initial consultation
Evidence gathering
Claim submission
Negotiation
We’ll advocate fiercely on your behalf, aiming for a fair settlement that truly reflects your needs.
Court representation
Ongoing support
Why choose our surgical negligence lawyers?
Our No Win No Fee medical negligence lawyers specialise in handling some of the most complex and challenging cases. With deep expertise in medical law and personal injury, we understand the unique difficulties these claims present and know how to navigate them effectively.
Key benefits include:
98% success rate
Australia-wide coverage.
Free initial consultation
to assess your medical negligence claims.
Award-winning lawyers
Proudly recognised by Doyles Guide 2025 for excellence in personal injury legal services.
No Win No Fee.
Specialised expertise.
Our accredited medical negligence lawyers bring years of experience managing complex claims
No Win No Fee
Fee transparency that you can trust
How our No Win No Fee system works:
No upfront costs
Start your claim without any financial risk
No contingency fees.
We don’t take a percentage of your settlement
Fair hourly rates.
When you win, we charge transparent hourly rates
Careful case evaluation.
We only take cases we believe can succeed
Our commitment. If we don’t believe your case will result in compensation or if costs outweigh benefits, we won’t take it on. This dedication to our clients’ best interests sets our No Win No Fee surgical negligence lawyers apart.
Proven results: Surgery compensation case study
At GMP Law, we’ve successfully represented clients from various walks of life, handling payouts and claims for a wide range of medical and surgical negligence.
Case 1: $180,000 compensation for avoidable surgery advised by doctor
Background
Our client injured his right hip, causing over-reliance on his left leg. He had a history of fractures, was relatively short, and had dysmorphic irregularities that should have raised concerns about his bone health.
Negligence
Three weeks post-injury, doctors knew he was overloading his left leg due to right-leg pain. At six weeks, imaging revealed multiple fractures in the right hip and a left mid-femur stress fracture with severe degenerative changes.
Over-reliance on the left leg led to a left femur osteotomy and intramedullary nail fixation. Despite using crutches, minimal improvement meant our client eventually required a total right hip replacement.
GMP Law’s approach
We obtained specialist opinions from a GP, radiologist, and orthopaedic surgeon, who concluded that:
- The right hip fracture was not diagnosed promptly
- Our client was not advised to avoid weight-bearing, which worsened both legs.
Psychiatric, occupational therapy, and orthopaedic assessments documented the full impact of the negligence.
Case 2: Six-figure compensation payout for surgical error during hysterectomy
Background
Our client elected to have a hysterectomy due to ongoing symptoms. During the keyhole surgery, it was discovered that she had large uterine fibroids and adhesions, making the surgery more complex.
Surgical error
A week after surgery, she became seriously unwell and was diagnosed with ureter damage, the tube carrying urine from the kidneys to the bladder. She approached us to make a claim for surgical error.
GMP Law’s approach
The case involved several challenges:
- Proving negligence: Establishing that the ureter damage resulted from an error, not an accepted surgical risk.
- Conflicting expert opinions: The defendant argued the surgeon was not at fault.
Quantifying damages: Our client could still work and care for herself, potentially affecting compensation.
Outcome
Our client received a six-figure compensation payout, as well as an acknowledgement of wrongdoing from the defendant.
What our clients say:
These are genuine reviews from real clients on Google, sharing their experiences with our surgical injury lawyers.
Turning injuries into justice, transforming lives through compensation
At GMP Law, we’re not just fighting for compensation – we’re fighting for your right to recover, rebuild, and reclaim your life after an injury. Read our medical negligence case studies:
$500,000 Settlement Following Nerve Damage From Varicose Veins Treatment
Case Overview Our client presented to a vascular surgeon, seeking treatment of her varicose veins in her right leg. Following the
Parents Receive total of $485,000 in Compensation for Tragic Death of Newborn Child
Case Overview Our client suffered unimaginable loss following her 12-hour labour, delivering her first child by emergence caesarean. A few hours
$9,000,000 settlement for negligence causing Cerebral Palsy
Case Overview Our client was born with Quadriplegic Dystonic Cerebral Palsy, which was caused by complications during delivery. During labour, our
$550,000 settlement for delayed referral to treat a blocked artery resulting in a stroke
Case Overview In June 2019, our client was an admitted patient of the First Defendant when he complained of chest pain
Sydney man receives $340,000 settlement following rotator cuff injury sustained during hospital admission
Case Overview Our client was admitted to his local hospital to undergo an elective procedure. It was known to the Hospital
$300,000 settlement for delayed diagnosis of bowel cancer
Case Overview In 2019, our client began experiencing abdominal pains and sporadic diarrhoea. Our client underwent an upper abdominal ultrasound which
Meet our surgical negligence lawyers
With offices in Melbourne, Sydney, Brisbane and across Australia, our surgery compensation lawyers are second to none. With a 98% win rate, we specialise in winning compensation for people who have undergone surgical negligence.
If your life has been affected by surgical errors, let our medical negligence lawyers secure you the compensation you deserve.
Frequently asked questions about surgical negligence claims
Do I need medical evidence to support a surgical negligence claim?
Yes, expert medical evidence is usually the cornerstone of your claim. Expert evidence is required to show that the surgeon or healthcare provider did not meet the expected standard of care and that this caused injury or worsened your condition.
GMP Law can help arrange independent medical assessments to support your claim.
Can I claim compensation if my surgery caused ongoing pain or disability?
Yes. If a surgical procedure left you with chronic pain, limited mobility, or a permanent disability that wasn’t expected or properly managed, you may be entitled to compensation.
Claims can cover medical expenses, lost income, rehabilitation, and the impact on your daily life.
Can I make a claim for laser eye surgery injuries?
Yes, complications from surgeries like LASIK or cataract surgery can be eligible for compensation claims. As with any medical compensation claim, you’ll need a strong foundation and proof of negligence in order to be successful. That’s where experienced lawyers come in.
Learn more about proving your claim with our medical negligence claims guide.
Can I make a claim if I underwent an unnecessary surgery?
Yes. Unnecessary surgeries can have serious, life-changing impacts. If you underwent surgery that wasn’t needed, you may be eligible for compensation. This includes cases where you weren’t informed of alternative treatments, felt pressured into surgery, or had a condition that was misdiagnosed.
Is there a time limit for making a surgical negligence claim?
Yes. In most parts of Australia, you generally have up to three years from when you first discover the negligence to make a claim. This ensures evidence and witness accounts remain reliable. There’s also a “long stop” time limit, calculated from the date of the surgery itself. This is usually 12 years, except in the Northern Territory, where it’s 10 years.
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