Has your physical and/or emotional health been marred by poor medical treatment in the A.C.T (Australian Capital Territory)? Our expert lawyers are based in Canberra, and provide legal assistance to victims of medical negligence throughout the A.C.T. If you have suffered from poor hospital or medical treatment, you should consider talking to one of our Canberra medical negligence lawyers about taking legal action for compensation.

Call our legal helpline on 1800 633 634 for free legal advice. Alternatively, complete the online contact form or send an email, and a member of our legal team will be in touch as soon as possible.

How our Canberra medical negligence lawyers can help

Most healthcare professionals in the A.C.T provide an outstanding service to their patients however there are times when things go wrong which is when you will need the services of a medical negligence solicitor.

Insurance companies often vigorously defend medical negligence claims against healthcare providers such as hospitals, doctors, surgeons, dentists, nurses, midwives, optometrists, psychologists, and chiropractors. Victims of medical negligence should make sure that they obtain the best legal advice and representation possible from a lawyer who specialises in representing patients and their families.

Our team of lawyers have a national reputation and are passionate advocates for patients’ rights. They  will ensure that all legal avenues are pursued in an efficient and professional manner. No cost advice is available on the telephone and if your potential case has merit you may choose to proceed with a medical negligence compensation claim using the no win no fee scheme.

We always take privacy seriously and are confidential in all that we do. Your personal details are not given out to other companies, nor will you find yourself receiving unsolicited materials.

Our legal team will speak with you over the phone and a preliminary assessment is made as to whether a claim could be made under the law. You will be advised as to whether it is worth proceeding to an investigation.

An investigation usually involves obtaining copies of medical records, hospital records, treatment reports and a statement from the patient. After these documents are reviewed by the medical negligence lawyer, a decision is then made as to whether to obtain an independent expert’s report from a health care practitioner in the same field of practice as the defendant. A medical expert will review the brief of evidence and provide an opinion on matters such as the applicable “standard of care”, breaches in the “duty of care”, and “causation of damage”.

Our Canberra medical negligence solicitors will then review the medical expert’s report together with all other available evidence and advise the client as to whether a medical negligence claim is likely to succeed. As you can see, it takes to time to investigate and build a case. It is important that a thorough assessment is made as to the likely prospects of success in the claim.

Our lawyers advise you along every step of the way, and will fully inform you of the strengths and weaknesses in your case and the options available to you. They will tell you if you should drop your case, continue with your case, settle out of court or proceed to trial.

Our lawyers offer 'No Win No Fee'

No Win No Fee agreements are technically known as conditional fee agreements (CFA). Under the scheme your solicitor will only receive payment for legal fees if your case is successful, and they are typically paid from your compensation award.

Benefits to you of a No Win No Fee agreement are:-

• Financial Protection: If your claim is unsuccessful, you won't owe legal fees to your solicitor.
• Accessibility: Allows you to seek justice with little or no upfront costs.
• Aligned Interests: Your solicitor is motivated to win your case.

There is however some risk- if you lose the case, there may be fees payable to the winning side. Therefore it is important to have a competent medical negligence lawyer running your case from the begining to ensure maximum success.

How to prove a medical negligence case in the A.C.T

In the Australian Capital Territory (ACT), medical negligence claims are primarily governed by the Civil Law (Wrongs) Act 2002. This legislation provides the framework for personal injury claims, including those related to medical negligence. Key components of this Act include:

• Duty of Care: It defines the obligation of healthcare providers to act with a standard level of care towards their patients.
• Standard of Care: The Act specifies the expected level of care that medical practitioners must uphold.
• Causation: The legislation details the criteria for proving a link between the negligent action and the resulting harm.
• Damages: The legislation outlines how damages should be assessed and calculated.

A medical negligence claim will need to be proven on the balance of probabilities.

How is compensation calculated?

The amount of compensation that can be awarded depends on the circumstances of the case.

The Civil Law (Wrongs) Act 2002 (ACT) sets out various thresholds and caps on damages which can be awarded. It allows compensation to be awarded for:

• Non-economic loss. This is compensation for pain and suffering, loss of amenities of life, loss of expectation of life. The Civil Law (Wrongs) Act 2002 imposes caps on damages for non-economic loss (pain and suffering). These caps are indexed annually and can affect the total compensation available. The injury must also meet a certain severity threshold.
• Economic Loss. This includes Loss of earnings (both past and future loss of income) due to the injury or illness caused by medical negligence. Claimants need to present evidence to substantiate their claims for economic loss, including medical bills, payslips, tax returns, and expert opinions on future earning potential.

A claim can also be made for any out-of-pocket expenses arising from the injury- eg the cost of doctor’s consultations and hospital admissions; surgical costs; rehabilitation costs; nursing services; help at home;  medication; healthcare equipment and aids.

Most claims are determined without the need to go to trial. Figures are agreed to by solicitors through negotiation. However, some cases are taken to court and a determination as to compensation is made by a Judge. Judges dealing with personal injury compensation claims in the civil courts have two main duties which involve answering the question of who is to blame and if appropriate how much compensation should to be awarded. Previous cases involving similar injuries act as guidelines for Judges in assessing compensation awards together with evidence from experts.

Types of medical negligence claims in the A.C.T

The law recognises that when a patient is injured as a result of negligent treatment, misdiagnosis, or incorrect medical advice, that patient has the right to pursue compensation. Our medical negligence lawyers in Canberra have handled many complex medical negligence claims involving poor hospital treatment, surgical errors, and negligence by general practitioners, medical specialists, allied health care providers and the Canberra hospital. Examples of their cases include:

• Missed diagnosis of a medical condition: For example, misdiagnosis of cancer means that treatment is delayed. If the cancer is diagnosed later, it may be too late as they cancer may have already spread.


• Errors in hospital emergency departments: For example, symptoms of a heart attack or stroke are misdiagnosed resulting in a delay in necessary care. A patient is often sent home without proper treatment, resulting in death or permanent disability.


• Mismanaged pregnancy: Failure to treat medical conditions in the mother such as high blood pressure and diabetes during pregnancy.


• Complications of labour: Negligent administration of labor-inducing medication, such as syntocinon, can result in a ruptured uterus that can result in catastrophic or fatal injuries to the mother and baby. Another example is failure to treat infections from c-sections.


• Birth injury: lack of oxygen to the baby’s brain resulting in brain damage, cerebral palsy. Doctors and midwives should keep a close eye on the foetus's health and position throughout the birth process.


• Paediatric negligence: failure by doctors to institute timely treatment of elevated bilirubin levels, resulting in brain damage. Another example is a failure to diagnose meningitis.


• Infections: failure to properly treat infections, resulting in amputation of limbs or death.


• Surgical negligence: swabs left inside patients can become infected and cause ongoing pain until removed. Another type of surgical error is when the wrong body part is operated on.


• Errors with medication: incorrect medication prescribed by doctor. Some medications have similar names and can be confused.


• Misread x-ray, scans and ultrasounds.


• Failure to arrange hospital admission when warranted.


• Failure to warn of material risks which eventuate.


• Wrongful death.


• Nervous shock.

What is the Time Limit for suing in the A.C.T?

The time limit for suing for medical negligence in the Australian Capital Territory (ACT) is generally three years.

Certain injuries take a long time to settle down and during this time you can suffer considerable financial expenses and losses. If someone else was responsible for causing you injury then it is important to seek legal advice as soon as you can.Time is of the essence in these cases and you risk losing the right to claim if you do not act promptly.

The court may grant extensions in some circumstances, particularly if the plaintiff was under a legal disability (e.g., a minor or mentally incapacitated) at the time the cause of action accrued.

There is general discretion to extend the limitation period if it's deemed just and reasonable to do so, but courts will rarely exercise this discretion. Therefore it is important to seek legal advice as soon as possible. If you are uncertain as to whether the time limit has run out in your situation, you should speak with a solicitor straight away.

Start your claim today

So what should you do if you believe that you have suffered an injury due to medical negligence in Australian Capital Territory? The first thing is to consult our lawyers to get free legal advice on accident compensation claims and take with you a detailed written statement of your recollections. You should preserve any evidence that you may have, written or otherwise which should protected and kept safe.

There is no doubt that the right Canberra medical negligence solicitor can make a difference in the outcome of your claim. Our lawyers are experts in their field. Don't let financial concerns prevent you from seeking justice. Contact our A.C.T medical negligence team today to discuss your No Win No Fee claim options.

It is important to consult a solicitor as soon as possible, within the statutory time limits. Call our helpline on 1800 633 634, or complete the Contact Form to receive confidential and free legal advice.