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Consult a medical negligence lawyer in Sydney


Medical negligence compensation

Gerard Malouf & Partners medical negligence lawyers in Sydney are here to help you navigate the legal process on a no-win, no-fee basis. Our diverse and dynamic team of Sydney compensation lawyers strive to provide caring, expert legal counsel to all our clients — no matter how difficult your case.

When can medical malpractice occur?

Before filing a claim, it’s prudent to know what qualifies as medical negligence in New South Wales (NSW). When a medical professional, such as a doctor or a nurse, fails to meet the standard of reasonable care and skill that is considered negligence under medical law. In NSW, anyone who has been harmed by medical malpractice may seek compensation under the Health Care Liability Act 2001. Damages awarded to a successful medical negligence claim are limited by the amendments within the Civil Liability Act 2002. Our lawyers specialise in medical negligence and have years of experience advocating for our clients within the bounds of medical law.


What is the process for filing a medical negligence claim in NSW?

Filing a medical negligence claim in NSW starts with discerning if you’ve suffered an injury or harm as a result of a breach of care by a medical professional. It is best to consult a lawyer that specialises in medical malpractice to know for sure. Determining if you have a medical negligence claim is an important first step.

Claims are filed with the insurance company covering the doctor, nurse or medical professional. Then, there is a period of investigation and negotiation that follows. If there’s no resolution with insurance, then we lodge a claim of negligence and the case will be heard by a judge.

Time limits to file a claim of medical negligence

It’s important to know that you must file a claim within three years of the incident taking place or from when you realise your injury resulted from a breach of reasonable care by a medical professional. The limitation was established by medical law under the Limitation Act 1969.

However, there are instances where personal injury related to a breach of care can extend the time for bringing a medical negligence claim out to 12 years or more. These exceptional cases need a lawyer with personal injury and medical negligence expertise.

You may wonder how long a medical neglicance claim take to resolve. In our experience, it can take between 12 and 24 months to reach a resolution to your claim.

How much compensation can medical negligence claimants and their families win?

Financial compensation for physical injury or emotional harm caused by medical negligence varies according to the particular circumstances of each case.

Common types of harm resulting in damages paid include:

  • Loss of earnings (past and future).
  • Medical costs related to treatment of the injury.
  • Costs associated with ongoing care provided by family.
  • Costs associated with ongoing care provided commercially.


The amount of compensation paid for different types of claims is dependent on your situation. One of the largest medical negligence payouts in recent years was for $23.5 million paid out to 103 claims, averaging $230,000 per claim. Our lawyers negotiate for our client’s best interests.

Common reasons for filing a claim

Australia’s healthcare system is recognised for its high quality. Yet, wrongful treatment by negligent healthcare professionals does happen.

Reasons to lodge a compensation claim of negligent medical treatment can include:

  • Failure to diagnose a condition or illness.
  • Failure to prescribe medicine appropriately.
  • Preventable surgical mistakes.
  • Failure to provide post-operative care with reasonable ability.
  • Failure to adhere to patient confidentiality agreements.
  • Failure to follow informed consent laws.
  • Obstetrical or childbirth errors.


Who pays medical negligence damages?

In Australia, a suit can be brought against any medical practitioner and their employer for failure to provide medical services under the reasonable standard of care. That’s why medical professionals are covered under medical indemnity insurance administered by the Department of Health.

Professional indemnity insurance is available to doctors, nurses, dentists, midwives and allied health professionals which can include:

  • Audiologists
  • Chiropractors
  • Genetic counsellors
  • Nutritionists
  • Occupational therapists
  • Orthopedists
  • Pharmacists
  • Podiatrists
  • Psychologists
  • Radiologist
  • Speech and language therapists


Both the practitioner and practice should be covered by indemnity insurance to operate in Australia. Gerard Malouf & Partners have expertise to help you seek the compensation you deserve under medical law.

Gerard Malouf & Partners

Find the best lawyer in Sydney for medical negligence

We are a leading no-win, no-fee legal team of compassionate and dedicated medical negligence and personal injury compensation lawyers. Our lawyers are experts in medical law, multi-lingual and, most importantly, we are successful at fighting for our clients.

How a compensation lawyer can help

At Gerard Malouf & Partners, we manage several types of medical claims with diligence, expertise and experience in medical law. Additionally, our NSW compensation lawyers provide legal advice on personal injury and criminal medical malpractice claims.

How we manage medical negligence claims

When you contact Gerard Malouf & Partners for a free consultation, we will reach out to you for a meeting in our offices in Sydney or in a manner most convenient for you. In our initial consultation we will learn about your situation and consider your eligibility to file for a medical negligence claim.

Once we understand you have an eligible claim, you’ll record a statement of what happened. This can be distressing and we’ll want to give you time to make a complete statement.

After speaking with you, we will craft a legal brief and send it to a medical expert. That medical expert will supply information based on some of the details of your case. We will also request your full medical record to prepare a chronology of events that led to the injury or worsening of your illness or condition.

Throughout your medical negligence case, we will consult with you to fill in any gaps in your medical history. Once we have all the details needed we’ll start proceedings.

Our promise to you is that no matter how difficult your case, we will manage it thoroughly and comprehensively until either a resolution is reached in mediation or your case progresses to court.

It is our professional obligation to strive not just for some justice but for the maximum achievable. This is our core philosophy and what differentiates us from other law firms.

Schedule a consultation with one of our medical negligence lawyers in Sydney, today.

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 — Personal Injury Compensation Lawyers

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