Hospital negligence compensation claims
Hospital negligence claims:
Your rights, our fight
At GMP Law, we understand the devastating impact that hospital negligence can have on patients and their families. When you enter a hospital, you trust medical professionals to provide the highest standard of care. Unfortunately, mistakes can happen, and when they do, the consequences can be life-changing.
Our experienced team of medical negligence lawyers are dedicated to helping victims of hospital negligence seek the compensation they deserve and the justice they need to move forward.
Why Choose Gerard Malouf & Partners
What is hospital negligence?
Hospital negligence occurs when a hospital, its staff, or affiliated medical professionals fail to provide the expected standard of care, resulting in harm or injury to a patient. This can happen in various ways, from misdiagnosis to surgical errors, and can have severe consequences for the patient’s health and well-being.
Hospital negligence compensation claims are handled by medical negligence lawyers.
Examples of hospital negligence
- Hospital negligence can take many forms, including:
- Misdiagnosis or delayed diagnosis
- Surgical errors (e.g., wrong-site surgery, retained surgical items)
- Medication errors (incorrect dosage or wrong medication)
- Birth injuries due to negligent care during labour and delivery
- Failure to monitor patients adequately
- Hospital-acquired infections due to poor hygiene practices
- Anesthesia errors
- Failure to obtain informed consent
- Premature discharge of patients
- Negligent post-operative care.
We're here to help.
Eligibility for a hospital negligence claim
You may be eligible for hospital negligence compensation if:
- You received substandard care in a hospital setting
- This negligence resulting in harm or injury to you
- The incident occurred within the last three years (the statute of limitations for medical negligence claims, Australia-wide).
Our experienced team at GMP Law will assess the specifics of your case to determine your eligibility and the strength of your claim. Our free initial consultation means you have nothing to lose by exploring your options.
Factors affecting compensation
When considering a hospital negligence compensation claim, several factors are taken into account:
- The nature and severity of the medical error or negligence
- The immediate and long-term impact on the patient’s health
- Effects on the patient’s quality of life, including ability to work and maintain relationships
- Additional medical expenses incurred as a result of the negligence
- The level of breach in the hospital’s duty of care
- The strength of the evidence supporting the claim
- Any pre-existing medical conditions of the patient.
At GMP Law, we’re committed to helping you understand your rights and options. Our team will carefully evaluate these factors to build a strong case for your claim, ensuring that all aspects of your experience and its impact are thoroughly considered.
No Win No Fee
Fee transparency that you can trust
At GMP Law, we’re committed to ensuring you have nothing to lose.
If we don’t win your case, you won’t pay a cent for our services. This means you can focus on healing without worrying about legal costs.
How it works
No upfront costs
No contingency fee
We’ll only charge you if we win.
We maintain integrity by carefully evaluating each case. If we believe it’s unlikely to result in compensation or if the costs outweigh the benefits, we won’t take it on.
This commitment to our client’s best interests, as well as fee transparency, sets us apart from other law firms.
With a 98% success rate and over $4 billion in settlements, we’re dedicated to delivering exceptional results for our clients.
Frequently asked questions about hospital negligence compensation claims
What is the most common type of medical negligence?
The most common type of hospital negligence claim in Australia is misdiagnosis or delayed diagnosis. This occurs when a healthcare professional fails to correctly identify a condition or does so too late, potentially leading to severe health consequences for the patient.
What is the average payout for medical negligence?
While payouts vary widely, the average compensation for hospital negligence claims in Australia ranges from $50,000 to $250,000. However, severe cases can result in multi-million dollar settlements.
Average payouts do vary by state. We explore medical negligence payouts state by state in our blog, ‘What is the average payout for medical negligence in Australia?’
How long do I have to file a hospital negligence claim?
Australia-wide, you have three years from the date of the incident to file a medical negligence claim. However, we encourage you to seek legal advice promptly.
GMP Law offers free initial consultations to help individuals determine if they have a viable case. Our experienced lawyers can guide you through the complex process of evaluating your situation.
Can I claim compensation if a family member died due to hospital negligence?
Yes, you may be able to file a wrongful death claim if a close family member died due to hospital negligence. These claims can cover funeral expenses, loss of financial support, and emotional suffering.
Do all hospital negligence cases go to court?
No, many cases are settled out of court through negotiation. However, if a fair settlement cannot be reached, the case may proceed to trial. Our team strives to achieve the best outcome without unnecessary litigation.
Justice for victims of hospital negligence
At GMP Law, we’ve successfully represented clients from various walks of life, securing substantial compensation for harm sustained from medical negligence.
$475,000 compensation for loss of partner due to hospital negligence
Background
Our client’s partner, who had a history of severe depression, was admitted to a hospital’s mental health unit in May 2017. Despite being assessed as a high-risk patient, he was left unattended for an extended period and subsequently committed suicide in his room.
The challenge
The hospital failed to implement a long-term management plan and didn’t provide constant 1:1 nursing observation for a high-risk patient.
GMP Law’s approach
Obtained and analysed the deceased’s medical records
Secured expert opinions supporting the case of negligence
Filed medical negligence proceedings in the District Court of NSW
Pursued both a nervous shock claim and a compensation to relatives claim
Gathered comprehensive evidence, including psychiatric reports
Proceeded to alternative dispute resolution to avoid a court hearing.
Outcome
We successfully secured $475,000 in compensation for our client, recognising the hospital’s negligence and providing financial support for future treatment and loss of support.
$7 million settlement for a child who suffered brain damage due to hospital negligence
Background
The child plaintiff suffered hypoxic-ischaemic brain damage due to the defendant hospital’s failures during labour and delivery. Despite abnormal CTG tracings, no action was taken to deliver the child via emergency caesarean.
The challenge
The hospital initially denied wrongdoing and later disputed the extent of damages claimed.
GMP Law’s approach
Instructed an obstetrician-gynaecologist, as well as a neonatologist for expert opinions
Commenced proceedings in the Supreme Court of NSW
Obtained multiple expert opinions to support the damages claim
Maintained a staunch stance during negotiations, particularly regarding the level of care required
Successfully argued for comprehensive, lifelong care for the child.
Outcome
We successfully secured a settlement of $7 million, ensuring a secure future for the child and their family. The settlement was approved by a Judge of the Supreme Court, who commended the parties on the agreement reached.
Real cases, real results
The compensation claim process: Your journey with GMP Law
Initial consultation
Evidence gathering
Claim submission
Negotiation
Court representation
Ongoing support
Our promise to you
Why trust GMP Law with your hospital negligence claim?
At GMP Law, we handle your claim so you can concentrate on what matters most: your recovery.
We commit to
Clear, straightforward communication
Regular updates on your case as it progresses
A personal injury lawyer who understands your unique situation
Vigorous negotiation to maximise your compensation
Empathetic support throughout your journey
Specialised knowledge
Our accredited personal injury lawyers have years of experience in accident injury claims, giving us deep insight into the nuances of these claims.
Proven track record
Difficult case policy
Australia-wide assistance
With lawyers across the country, we’re here to help, wherever you are.
Meet the Medical Negligence Team
Meet some of the diverse and dynamic compensation lawyers who support our clients with their medical negligence claims.
We're here to help maximise your compensation
Book your free, confidential consultation with one of our hospital negligence lawyers using the form below, or simply call us 1800 004 878.
