Medical negligence

Medical negligence is when a health practitioner or service fails to provide treatment or advice meeting a reasonable standard. This can occur for example when a healthcare professional fails to diagnose your condition, does not refer you to the right specialist, does not warn you of risks involved in a procedure, or does not carry out a procedure with reasonable care and skill.

Healthcare professionals such as doctors, nurses and specialists have a duty of care to their patients. If you’ve experienced harm or injury due to an error, consulting with a medical negligence lawyer is crucial before seeking compensation.

To succeed in a medical negligence claim, it is generally necessary to establish three things: that the healthcare provider owed you a duty of care, that they failed to meet a reasonable standard of care, and that this failure caused you injury or harm.

We understand that this can feel like an abstract legal test when you are living with the very real consequences of what went wrong. In practice, proving negligence involves gathering medical records, obtaining expert medical opinion, and building a clear picture of what should have happened, and what did not.

At MEJ, we work with leading medical experts and have deep experience in this complex area of law. We will do the hard work of investigating your case thoroughly, so you can focus on your health and wellbeing.

Time limits in medical negligence cases can be complex, because the effects of negligent treatment are not always immediately apparent. Most people injured through medical negligence in the ACT have only three years to register their claim in court. In some cases, the time limit begins to run not from the date of the treatment itself, but from when you first knew that you had suffered injury as a result of someone else’s act or omission.

In the ACT, a limitation period of three years from injury date applies to many cases, but the rules can vary depending on your circumstances. If you are unsure whether your time limit has passed, please contact us anyway. In some situations exceptions may apply, and it is always worth having a conversation.

The sooner you reach out, the more time we have to build the strongest possible case for you.

The compensation available in a medical negligence claim will depend on the nature and severity of what you have experienced and the impact it has had, and continues to have, on your life.

Claims can cover a wide range of losses, including additional medical and rehabilitation expenses, lost income and reduced earning capacity, the cost of ongoing care and assistance, and damages for pain, suffering, and loss of enjoyment of life. Where negligence has had profound and lasting consequences, claims can be substantial.

At MEJ Lawyers, we are committed to ensuring every loss is properly identified and valued. We know that fair compensation will not undo what has happened, but it can provide real security and make a meaningful difference to your future.

Not every poor outcome, or even every mistake, will give rise to a legal claim. Medicine involves uncertainty, and not every complication or unexpected result means that negligence occurred.

Negligence in a legal sense occurs when a healthcare provider’s conduct falls below the standard that would be expected of a competent professional in the same situation, and that substandard care caused your injury or worsened your condition. The distinction between an acceptable error of judgement and genuine negligence is often subtle, and it almost always requires expert medical opinion to establish.

If you are unsure whether what happened to you amounts to negligence, please do not try to make that assessment alone. Contact us for an honest, informed view of your situation.

Yes. Psychological injury is a recognised and legitimate head of damage in a medical negligence claim, and it should never be overlooked or undervalued.

The aftermath of negligent medical treatment can cause significant psychological harm, including anxiety, depression, post-traumatic stress, and loss of confidence in seeking future medical care. These are real losses, and they deserve to be properly compensated.

If you have experienced psychological harm following medical treatment, whether alongside a physical injury or on its own, we encourage you to seek advice. At MEJ, we take psychological harm seriously and ensure it is fully reflected where relevant in every claim we pursue.