Hospital negligence litigation requires specific experience and knowledge, so it's important to choose a law firm with a strong and proven track record of success. Since 1969 we've helped hundreds of clients achieve successful outcomes in their hospital negligence matters. No matter what the odds are, we'll fight to protect your best interests and ensure you are awarded the compensation you deserve.

Hospital Negligence Compensation Claims Lawyers NSW

Hospital Negligence (malpractice) Claims are a subset of medical negligence claims.

These claims involve an allegation by a patient of the hospital, that the patient has suffered an adverse outcome as a result of the negligence of the hospital’s employees.

Typically, the hospital’s employees include doctors (but not always), nurses, radiologists, technicians etc. in the case of public hospitals which are operated by the local area health service, the employees will also include paramedics.

If you think you might have a hospital negligence compensation claim, contact our Compensation & Insurance Claims Team today to book in for a free preliminary assessment phone conference.

Please note: there is a strict 3 year time limit that applies to hospital negligence claims in NSW, however some restrictions do apply.

Understanding Hospital Malpractice Claims

1. What is hospital negligence?

Negligence in the context of medical treatment is when the treatment provided is provided in a manner that is not widely accepted in Australia as being competent.

2. What are some common examples of hospital negligence?

  • A paramedic injecting the wrong solution into a patient
  • A medical technician misreading an X-ray
  • A doctor failing to diagnose a fracture of L4 vertebra
  • A surgeon mistakenly lacerating the bowel of a patient

3. Can a patient suffer an adverse outcome and there not have been negligence on the part of the medical staff?

Yes. Patients generally seek treatment because something has gone wrong either by way of accident or illness. The hospital’s staff will be doing all they can to save the patient’s life and give them the best outcome possible. Inevitably, there will be occasions when the hospital’s staff have to assess a number of alternative treatment options and recommend an option to be followed.

That treatment option may result in an adverse outcome but provided that option was “widely accepted in Australia as competent”, it will not have been negligent.

For more information about specific types of hospital negligence claims, click the links below:

What is the process for suing a hospital for malpractice?

We recommend the following process:

  1. We obtain the clinical notes from the hospital
  2. We engage a medical specialist to view the clinical notes and provide their opinion as to whether the hospital breached the duty of care it owed you
  3. If the opinion of the medical specialist supports an allegation of medical negligence, then we collect evidence to support your claim for compensation including evidence of past and future earnings loss, evidence of past and future treatment and care needs, and evidence of your pain and suffering
  4. We attempt to engage the hospitals insurers in settlement negotiations
  5. If a settlement can’t be reached, we file court documents for you to commence the legal process

See Also: Medical Negligence Claims – What do I do?

What losses can I be compensated for when suing a hospital for malpractice?

  1. Your pain and suffering
  2. Your loss of earnings (past and future)
  3. The cost of medical treatment and surgery expenses (past and future)
  4. The cost of any care provided gratuitously by family and friends
  5. The cost of any care provided on a commercial basis

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