Hospital Negligence Lawyers
When hospital care falls below acceptable standards and causes harm, our experienced hospital negligence lawyers are here to help you seek accountability, justice, and fair compensation.
At GMP Law, we understand how deeply medical mistakes can affect your health, wellbeing, and your family’s future. Our compassionate and dedicated team specialises in hospital negligence claims, offering clear, expert guidance every step of the way. We’re committed to helping you navigate the legal process with confidence and to holding healthcare providers accountable for the preventable harm you’ve suffered.
Recognised in Doyle’s Guide 2025 as a Leading Firm for Medical Negligence Compensation
Am I eligible to make a hospital negligence claim?
To pursue a hospital negligence claim, you must be able to show that substandard medical care caused you measurable harm.
Not every poor outcome qualifies as negligence. However, if your situation meets certain legal criteria, you may be entitled to seek hospital negligence compensation. If you answer “yes” to the questions below, you may have grounds for a claim:
1. Did the hospital owe you a duty of care?
If you were admitted as a patient or received treatment at a hospital, the institution and its healthcare professionals had a legal duty to provide care that met accepted medical standards.
2. Did the hospital breach its duty of care to you?
The treatment you received must have fallen below the standard that a reasonably competent healthcare professional would have provided in similar circumstances, whether through action, inaction, or systemic failings.
3. Did the breach directly cause your injury or worsen your condition?
You must be able to show that the substandard care directly resulted in harm, injury, illness, or deterioration that would not have occurred with appropriate treatment.
4. Did the incident occur within the last three years?
In most cases, medical negligence claims in Australia must be lodged within three years of the incident or the date you first became aware of the injury. Acting promptly ensures your eligibility to pursue compensation.
Hospital negligence claims:
Your rights, our fight
Understanding whether your experience amounts to hospital negligence is the first step toward knowing your rights, exploring your legal options, and finding the right support. Common examples include:
Misdiagnosis or delayed diagnosis
Surgical errors:
Medication errors:
Birth injuries:
Negligence during pregnancy, labour, or delivery that causes harm to the mother or baby. This includes failure to monitor foetal distress, delayed emergency intervention, or improper delivery techniques.
Inadequate monitoring
Failure to properly observe a patient’s condition, respond to signs of deterioration, or provide appropriate post-treatment supervision.
Failure to treat or refer
Premature discharge
Hospital-acquired infections
Speak with a hospital negligence lawyer now.
Start with a free consultation and get your case reviewed within minutes.
Why Choose Gerard Malouf & Partners
What can you claim for hospital negligence cases?
Hospital negligence compensation aims to restore you financially to the position you would have been in had the negligence not occurred. Our hospital negligence lawyers will help you identify and assess the full extent of your losses—both economic and non-economic—to ensure you receive fair compensation.
Economic loss
- Medical and rehabilitation expenses: Recovery of costs for corrective procedures, ongoing treatment, physiotherapy, counselling, and any medical care needed to address injuries caused by negligence.
- Lost income and earning capacity: Compensation for wages lost during recovery and for reduced future earning capacity if the negligence has left you unable to work at your previous level.
- Care and assistance costs: Reimbursement for domestic help, personal care, modifications to your home, mobility aids, and other support services required due to your injuries.
- Travel and accommodation: Expenses incurred travelling to medical appointments, specialist consultations, or relocating for treatment directly related to the negligence.
Non-economic loss
- Pain and suffering: Recognition of physical pain, emotional distress, anxiety, depression, and psychological trauma resulting from the negligent medical treatment and its consequences.
- Loss of enjoyment of life: Compensation for your reduced ability to participate in activities, hobbies, sports, social events, and daily experiences you previously enjoyed.
- Loss of amenities: Acknowledgment of permanent limitations, disability, disfigurement, or loss of bodily functions that affect your quality of life and independence.
Family member claims
When hospital negligence causes severe injury or death, family members may also be entitled to pursue compensation for their own losses. This includes loss of companionship, loss of support and services, and trauma from witnessing their loved one’s suffering or providing ongoing care. These claims are generally referred to as:
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 hospital 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
At GMP Law, we’re committed to ensuring you have nothing to lose with our No Win No Fee medical negligence service.
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 hospital negligence lawyers apart.
Proven results: Hospital negligence case studies
At GMP Law, we’ve successfully represented clients from various walks of life, processing claims for all types of injuries sustained as a result of hospital negligence and medical malpractice.
Case 1: $475,000 compensation for loss of partner due to hospital negligence
Background
Our client’s partner, with a history of severe depression, was admitted to a hospital mental health unit in May 2017. Despite being assessed as high-risk, he was left unattended for an extended period and tragically committed suicide in his room.
The challenge
The hospital failed to implement a long-term management plan and did not provide constant 1:1 nursing observation for a high-risk patient.
GMP Law’s approach
Obtained and analysed the deceased’s medical records
Secured expert opinions confirming negligence
Filed medical negligence proceedings
Pursued both a nervous shock claim and a compensation-to-relatives claim
Gathered comprehensive evidence, including psychiatric reports
Proceeded to alternative dispute resolution to avoid a court hearing.
Outcome
We successfully secured $475,000 in compensation, acknowledging the hospital’s negligence and providing financial support for future treatment and loss of support.
Case 2: $7 million settlement for a child who suffered brain damage due to hospital negligence
Background
The child suffered hypoxic-ischaemic brain damage due to hospital failures during labour and delivery. Despite abnormal CTG tracings, no emergency caesarean was performed.
The challenge
The hospital initially denied wrongdoing and later disputed the extent of the damages claimed.
GMP Law’s approach
Engaged an obstetrician-gynaecologist and a neonatologist for expert opinions
Commenced proceedings
Obtained multiple expert reports supporting the damages claim
Maintained a strong stance during negotiations, particularly regarding the standard of care required
Advocated successfully for comprehensive, lifelong care for the child.
Outcome
We secured a $7 million settlement, ensuring a secure future for the child and their family. The settlement was approved by a Supreme Court Judge, who commended the parties on the agreement reached.
What our clients say:
These are genuine reviews from real clients on Google, sharing their experiences with our hospital negligence 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 hospital negligence lawyers
Meet our dedicated team of medical negligence lawyers, with offices in Melbourne, Sydney, Brisbane, and across Australia. With a 98% win rate, we specialise in securing compensation for families affected by hospital negligence, including surgical errors, medication mistakes, misdiagnosis, delayed treatment, and other preventable care failures.
Let our experienced legal team fight for the justice, accountability, and support your family deserves.
Frequently Asked Questions about hospital negligence
How much compensation can I receive for hospital negligence?
Compensation for hospital negligence in Australia usually ranges from $50,000 to $250,000. In severe cases—such as those involving permanent disability, ongoing care needs, or lost earning capacity—payouts can reach hundreds of thousands or even millions of dollars.
The amount you may receive depends on the severity of your injuries, the impact on your daily life, and the financial losses you’ve suffered. This includes both economic damages—such as medical expenses, rehabilitation costs, and lost earnings—and non-economic damages, like pain and suffering, emotional distress, and reduced quality of life.
Average payouts do vary by state. We explore medical negligence payouts state-by-state in our guide: ‘Medical negligence compensation: Real payout examples.’
How long does a hospital negligence claim take?
Most hospital medical negligence claims take between 12 to 24 months to resolve, though complex cases may take longer. The timeline depends on factors including the severity of injuries, the hospital’s willingness to accept responsibility, the complexity of medical evidence required, and whether a settlement is reached through negotiation or court proceedings become necessary.
Many cases settle before reaching court, which significantly reduces the time and stress involved. Our hospital negligence lawyers work efficiently to progress your case while ensuring no important details are overlooked in pursuit of the best possible outcome.
Do I need to prove the hospital intended to harm me?
No, you do not need to prove intentional harm to succeed in a negligence claim against hospital.
Hospital negligence claims are based on proving that care fell below accepted medical standards and caused you harm, regardless of the healthcare professional’s intentions. Even well-meaning doctors and nurses can be negligent if they fail to meet the standard of care expected in their field.
The focus of a hospital negligence claims is on whether the treatment was appropriate and competent, not on whether anyone intended to cause you injury. Our hospital negligence solicitors will work with medical experts to demonstrate that the standard of care was breached and that this breach caused your injuries.
Many cases settle before reaching court, which significantly reduces the time and stress involved. Our hospital negligence lawyers work efficiently to progress your case while ensuring no important details are overlooked in pursuit of the best possible outcome.
Can I claim if I signed a consent form?
Yes, signing a consent form does not prevent you from making a hospital negligence claim. Consent forms acknowledge that you understand the risks of a procedure, but they don’t absolve hospitals or medical professionals from their obligation to provide competent care.
If negligence occurred—such as a surgical error, medication mistake, or failure to properly monitor your condition—you can still pursue compensation regardless of having signed consent documents. Consent forms protect healthcare providers from liability for known risks that materialise despite proper care, but they don’t protect against negligence or incompetence.
What if the negligence happened years ago?
You may still be able to pursue hospital negligence compensation if the negligence occurred years ago, depending on when you discovered or reasonably should have discovered the harm.
While the standard limitation period is three years, this timeframe often begins not from the date of negligence but from when you became aware that you suffered harm caused by substandard care. If you only recently discovered that your ongoing health problems stem from past hospital negligence, you may still be within the limitation period. However, time limits are strictly enforced, so it’s essential to contact our hospital negligence lawyers immediately to assess whether your case can still proceed.
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Talk to a hospital negligence lawyer today
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