What is medical malpractice?
Medical malpractice involves a medical practitioner breaching their duty of care to you by causing you foreseeable harm through a medical event (like surgery or procedure).
Medical malpractice is an extremely complex area of personal injury law, as insurance agencies will often try to prove that your disability or condition was pre-existing, rather than being caused by the specific medical malpractice event.
Common medical practice areas involved in malpractice claims:
- Obstetrics
- Paediatrics
- Gynaecology
- Emergency medicine
- Surgery
- Orthopaedics
- Misdiagnosis
- Delayed diagnosis
- Drugs and drug reactions
- Cosmetic surgery
Common examples of medical malpractice include:
- Healthcare practitioners carrying out treatment that causes you injury, harm or even death
- A healthcare practitioner taking the wrong action or making an incorrect diagnosis
- Inaction by a doctor or nurse in a situation where treatment should have been provided (such as an emergency situation)
- Injury or harm arising from the negligent undertaking of surgical procedures
Meet our Medical Malpractice Claim Specialists
What happens after your free claim check
Once you’ve completed your free claim check, we’ll arrange a call to talk through your accident with you and wether we think you have a claim. If you decide to move forward, we’ll guide you through each step – from gathering the right information to dealing with insurers and progressing your claim.
A call with our team.
It starts with a conversation where we take the time to understand what’s happened and how it’s affected you, then help you understand where you stand and what your options are.
What to prepare
You don’t need to have everything, but if you have details about the incident, medical treatment, insurance or superannuation, it can help us get started. We can guide you on anything else needed.
How fees work
There’s no upfront cost to get advice, and if we take on your claim, it’s on a no win, no fee basis, meaning you don’t pay our legal fees unless your claim is successful.
Why Clients Choose LHD Lawyers
Choosing a lawyer is about more than legal outcomes — it’s about feeling safe, informed, and genuinely supported throughout a process that can be long and uncertain.
No upfront costs
We operate on a no win, no fee basis, so you can pursue your claim without any financial risk. You only pay if we win.
You’re not just a case
We take time to understand you as a person, what happened, and how the injury has affected your life. No case is too big or too small.
Real people. Real results.
With 35 years of experience and a 99% win rate, we have helped thousands of Australians secure compensation that made a real difference.
Support that fits around you
We work around you, whether that is in person, by phone or by video. If you cannot travel, we can come to you at home or in hospital.
Complex cases, handled properly
Not every claim is simple, and we do not treat it as if it is. Our team has the experience and depth to handle complex and serious matters.
National strength. Personal approach
We operate nationally, bringing specialist expertise to every client. Your case is always handled by local lawyers who know your state.
FAQs
How do you prove medical malpractice?
Medical providers (including hospitals, pharmacies, doctors and nurses) owe you a duty of care when they treat you. If medical practice or negligence has caused a mediation or prescription error to occur, then they’ve breached that duty and you could be eligible to claim compensation against them.
How long do you have to claim a medication error?
For medication error claims, time limits vary in different states. However, the usual case is that you’ll need to submit your claim within three years of the ‘injury’ occurring. If you’re lodging the claim on behalf of a child, then the time limits can vary state to state. Your best course of action is to contact a prescription error attorney as soon as possible, to maximise your chances of being able to receive compensation.
Who can I file a medical malpractice claim against?
Medical malpractice lawsuits can be filed against any kind of medical practitioner. This can include surgeons, pharmacists, healthcare specialists, dentists, nurses and hospital staff, physiotherapists, psychiatrists and midwives.
You can also claim medical malpractice against organisations or businesses like hospitals and pharmacies, depending on your individual circumstances. We rely on these people and organisations to perform their duty with reasonable skill and to a high standard that doesn’t cause injury. When injuries are sustained as a result of incompetence or medical mistakes, then a medical malpractice lawsuit can be launched.
How do I file a medical malpractice claim?
Your first port of call when making a medical malpractice claim should be to contact one of our medical malpractice attorneys here at LHD Lawyers. We’ll be able to assess your case either in-person at one of our offices or over the phone, to make sure we fully understand your unique situation and whether you have a medical malpractice lawsuit.
We’ll seek the opinions of medical experts before lodging your legal claim and representing you at mediations and settlement hearings. We also operate on a No Win No Fee guarantee, so if we don’t win your medical malpractice lawsuit for you – you won’t pay us a cent!
See other related claims
If you’re looking for more information on Medical Malpractice compensation claims, we have a wealth of knowledge from our expert team of Medical Malpractice compensation lawyers for you to explore.We’re here to help
Contact us today for free online claim checker and we can help get your life back on track.