What Is Medical Negligence?
Medical negligence is the legal term given to when harm is caused by medical care that did not meet the standard reasonably expected in that medical circumstance. In Perth, establishing a claim involves proving a duty of care, a breach of that duty, a direct link between the breach and harm (causation), and resulting damage, supported by independent expert medical evidence.
Common Types of Medical Negligence Claims in WA
Perth’s location means seeking healthcare can involve long waits and more limited immediate options that in more centralised parts of Australia. This doesn’t take your right to quality healthcare and a high standard of care. If something doesn’t feel right about the treatment you’ve received, our medical negligence lawyers in Perth are here to help, including in claims for:
Injury to a baby or mother caused during pregnancy, labour or delivery.
Check Eligibility for Birth injury Claims
Harm or complications arising from cosmetic or elective surgical procedures.
Check Eligibility for Plastic Surgery Claims
Injury or illness caused by an incorrect, missed or delayed diagnosis.
Check Eligibility for a Misdiagnosis Claim
Injuries resulting from errors made before, during or after a surgery.
Check Eligibility for Surgical Errors & Mistakes Claim
Congenital conditions associated with medical care provided during pregnancy.
Check Eligibility for Birth Defect Compensation
Issues caused by the wrong medication, dosage or method of administration.
Check Eligibility for Medication Error Claims
Claims relating to care provided by an individual medical practitioner.
Check Eligibility for Doctor Negligence Claims
Injuries connected to treatment, processes or systems within a Sydney hospital.
Check Eligibility for Negligent Hospital Claims
Medical care that does not meet expected professional standards and results in harm.
Check Eligibility for Medical Malpractice Claims
How much compensation can I receive through Medical Negligence in WA?
No Win No Fee: Support Without the Risk
In Perth, no win, no fee arrangements for medical negligence claims typically mean you are not charged professional legal fees unless your claim is successfull. If your claim is successful the fees are recovered from your compensation in most cases. Where your case is not successful, you may be required to cover fees for medical expert reports, court filing fees and related, which are outlined before work commences.
Who Can Make a Medical Negligence Claim in Western Australia?
Being misdiagnosed, or the recipient of negligent care surgical errors can put a lot of stress on you and your whole household. As well as pursuing your right to compensation, we will also assess your circumstances for a potential claim on behalf of your family or dependents, including:
- Patients injured due to treatment errors, misdiagnosis or surgical mistakes.
- Families or dependants of a person who has died, or who may have suffered loss in connection with a loved one’s serious injury.
Our 99% success rate demonstrates the strength of our national knowledge and experience in medical negligence claims in Perth. Even if you’re unsure if you have a claim, we can assess your matter without formal evidence.
What Compensation Can You Receive for Medical Negligence in Perth?
What compensation you can receive from medical negligence in Perth is different to the next person. However, the aim is to help cover
- Medical expenses
- Rehabilitation
- Care costs
- Lost earnings
- Pain and suffering
- Funeral expenses or support costs for eligible dependants (in fatal cases)
Speaking with our experienced Perth medical negligence lawyerscan help you explore what compensation you may be able to receive. Book a free consultation today.
How Do I Make a Medical Negligence Claim in Perth?
Have you experienced medical treatment that hasn’t gone to plan? Feel like you may have a medical negligence claim but not sure where to start? Medical negligence claims in Western Australia are governed by a combination of legislation and common law principles. Our medical negligence lawyers in Perth can help translate it into terms you understand and support you through every step of making a claim.
Step 1: Consult our expert legal team at LHD Lawyers
Before you go ahead with a claim yourself, seeking our legal guidance from a specialised team, like ours at LHD Lawyers, will give you your options and what the process will look like for your specific case.Step 2: Gather hospital and GP records
Part of having a claim is proving there is a duty of care and it was not met. Your hospital or GP records, prescription information, scans and other details can help us do this and help you access compensation.Step 3: Access independent medical expert assessment
We’ll set you up with the right independent medical experts to help show causation between your treatment and your current condition, helping create a smoother claims process.Step 4: Notify the medical practitioner or facility
If all of the evidence supports a claim, we will then notify your treating practitioner or facility formally of your intention to claim. In some cases, this may open discussions aimed at resolving the matter without formal court proceedings.Step 5: Negotiate or proceed with litigation
Your next steps depend on how your claim progresses, whether resolved outside of court or requiring a formal claim to be filed. We can guide you on your exact process. While it’s best to seek our advice for medical negligence in Perth from the start, we’re here to help you at any stage. Contact us for a free consultation to find out how it works.Hear our client’s success stories
Starting the claims process can seem like a big step but without support, we can get you the compensation you deserve. Hear from some of our clients who can tell you just how simple the process is and how life-changing a compensation payout can be.
2025 in numbers
We’re committed to settling compensation claims across Australia and getting our clients the maximum compensation they’re entitled to.
+$220 million
Compensation settled
Allowing our clients and their families to get their lives back on track.
$2,140,000
Largest settlement
For a Motor Vehicle Accident Claim.
Over 2,000
Cases settled
We win over 99% of cases and we're confident we can settle yours.
Our Perth Medical Negligence Lawyers
Our compassionate team in Perth specialises in complex medical negligence claims under Western Australian law. With decades of experience and a 99% success rate, we’ll help you secure the compensation you deserve.
Stephen Morgan
Special Counsel
John Abouchrouche
Managing Director
Frequently Asked Questions
Got questions about making a claim? You’re not alone. Here are some of the most common things people ask us.
Still unsure? Get in touch, we’re here to help.
What is medical negligence?
How do I prove medical negligence in WA?
What evidence do I need to make a claim?
How long do I have to make a medical negligence claim?
Can I claim if I signed a consent form?
What happens if the doctor denies fault?
Looking for Medical Negligence Lawyers Outside of Perth?
Find other compensation lawyers near you.
Contact Our Perth Office
A: Level 3, 8 St Georges Terrace Perth WA 6000
P: 1800 455 725
E: [email protected]
Office Hours
Monday – Friday
8:30am – 5:00pm
Find A Lawyer in WA
Wherever you are in Western Australia, you can access experienced, specialist WA lawyers who can provide you with expert legal advice and support at every step.
You’ll find our Western Australia office locations below. Or alternatively, if you can’t get to an office, reach out to the Perth office who can make arrangements.