Medical negligence lawyers Sydney

Medical negligence and malpractice claims: Your rights, our fight

When you or a loved one suffers harm due to medical negligence, the impact can be devastating. At GMP Law, we understand the physical, emotional, and financial toll that medical malpractice can take on individuals and families.

Our team of experienced Sydney medical negligence lawyers are dedicated to helping you navigate the complex legal landscape and fight for the compensation you deserve.

At GMP Law, we have an expert team of medical negligence lawyers located in Sydney who are here to help you navigate the legal process on a no-win, no-fee basis. Our diverse and dynamic team of compensation lawyers strive to provide caring, expert legal counsel to all our clients — no matter how difficult your case.

Why Choose Gerard Malouf & Partners

Years Experience

98 %

Success Rate

$ 4 bn

In Claims Won

What is medical negligence?

Before filing a medical malpractice claim, it’s important to know what qualifies as medical negligence in New South Wales (NSW).

Medical negligence occurs when a healthcare professional, such as a doctor or a nurse, fails to provide the standard of care expected in their field, resulting in harm to a patient. In NSW, medical negligence claims are governed by the Health Care Liability Act 2001 and the Civil Liability Act 2002.

Examples of medical negligence include:

Failure to diagnose a condition or illness
Incorrect prescription or administration of medication
Preventable surgical errors
Obstetrical or childbirth injuries
Inadequate post-operative care
Breach of patient confidentiality
Failure to obtain informed consent.

If you believe you’ve been a victim of medical negligence, it’s important to seek legal advice promptly to protect your rights.

We're here to help.

What is the process for filing a medical negligence claim in NSW?

Filing a medical negligence claim in NSW starts with establishing if you’ve suffered an injury or harm as a result of a breach of care by a medical professional. Consult a lawyer that specialises in medical malpractice will help you to quickly qualify your eligibility for a claim.

Claims are filed with the insurance company covering the doctor, nurse or health care provider. Then, there is a period of investigation and negotiation that follows. If there’s no resolution with insurance, then we lodge a claim of negligence and the case will be heard by a judge in court.

The compensation claim process: Your journey with GMP Law

We understand that the legal process can feel overwhelming, especially when you’re dealing with pain and recovery. At GMP Law, we’re here to guide you every step of the way:

Initial consultation

We’ll listen to your story, assess your case, explain your rights, and discuss potential compensation – all at no cost to you.

Evidence gathering

Our team will meticulously collect medical records, witness statements, and expert opinions to build a strong case.

Claim submission

We’ll handle all the paperwork and file your claim with the relevant insurance company or court.

Negotiation

We’ll handle all the paperwork and file your claim with the relevant insurance company or court.

Court representation

If necessary, we’ll represent you in court, fighting tirelessly to ensure you receive the compensation you deserve.

Ongoing support

We’re here to address any questions or concerns that arise along the way.

Our medical negligence services

Explore our areas of expertise

Eligibility for medical negligence compensation

You may be eligible for compensation if you can demonstrate that:

The healthcare provider owed you a duty of care
They breached that duty by failing to meet the expected standard of care
You suffered harm as a direct result of that breach.

Examples of eligible situations include:

A misdiagnosis leading to delayed treatment and worsened health outcomes
Surgical errors resulting in additional procedures of permanent disability
Birth injuries caused by negligent obstetric care
Medication errors leading to adverse reactions or complications.

Every case is unique and our experienced Sydney medical negligence lawyers can help assess your situation and determine if you have grounds for a claim. Our free initial consultation means you have nothing to lose by exploring your options.

Factors affecting compensation

Many factors can influence the amount of compensation you may receive in a medical negligence claim:

Severity of injuries: More severe injuries typically result in higher compensation
Long-term impact: Ongoing medical needs and lifestyle changes are considered
Loss of income: Both current and future earning capacity are taken into account
Pain and suffering: Non-economic damages may be awarded for physical and emotional distress
Age of the victim: Younger victims may receive higher compensation due to longer-term impacts.

It’s important to note that compensation in NSW is subject to certain caps and thresholds as outlined in the Civil Liability Act 2002. Our team at GMP Law will work diligently to ensure you receive the maximum compensation possible under the law.

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 medical negligence claims in NSW

What is the time limit for filing a medical negligence claim in NSW?

Generally, you have three years from the date of the incident or from when you first become aware of the injury. However, in some cases, this time limit can be extended up to 12 years or more

It’s best to consult with a lawyer as soon as possible to ensure you don’t miss any critical deadlines. At GMP Law, we offer a free initial consultation to help individuals explore their options.

Who pays for medical negligence damages?

In Australia, medical practitioners and their employers are typically covered by professional indemnity insurance. This insurance, administered by the Department of Health and Aged Care, is what usually pays out compensation in successful medical negligence claims.

Professional indemnity insurance is available to a variety of healthcare professionals, including but not limited to:

Doctors
Nurses
Dentists
Midwives

Audiologists
Chiropractors
Genetic counsellors
Nutritionists
Occupational therapists
Orthopedists
Pharmacists
Podiatrists
Psychologists
Radiologist
Speech and language therapists.

How long does a medical negligence claim take to resolve?

The duration can vary significantly depending on the complexity of the case. Some claims may be resolved in as little as 12 months, while others can take several years. At GMP Law, we strive to resolve your claim as efficiently as possible while ensuring we secure the best possible outcome for you.

What if I’m unhappy with the outcome of my treatment but there wasn’t obvious negligence?

Not all unfavourable medical outcomes are the result of negligence. However, it’s worth discussing your case with one of our experienced lawyers. We can help determine if there are grounds for a claim based on the specific details of your situation.

Justice for victims of medical negligence in Sydney

At GMP Law, we’ve successfully represented clients from various walks of life in Sydney, securing substantial compensation for injuries sustained through medical negligence.

$450,000 compensation for radial nerve injury

Background

A Sydney man in his thirties sustained an injury to his radial nerve following a CT-guided biopsy procedure in 2018.

The challenge

Our client’s ability to run his family business was significantly impacted, requiring assistance from his family. He felt angry and frustrated towards the doctor who performed the procedure.

GMP Law’s approach

Conducted a thorough investigation and gathered all relevant clinical notes
Drafted a comprehensive qualifying letter outlining evidence of nerve injury
Engaged top medical experts, including neurologists and radiologists
Explored all aspects of damages, including business losses and future care needs
Used our firm’s extensive experience in nerve injury cases to build a strong claim.

We successfully settled the case out of court for $450,000, allowing the client to avoid the stress of litigation and move forward with his life.

$1.25 million combined settlement for surgical negligence

Background

Our client underwent a total thyroidectomy that resulted in bilateral vocal chord palsy and loss of function in her laryngeal nerves.

The challenge

The surgery left our client mute, causing severe physical and psychological trauma. Her husband also suffered psychological injury from witnessing the devastating impact on their lives.

GMP Law’s approach

Built a comprehensive case around failure to warn of surgical risks
Gathered expert medical and psychiatric evidence
Pursued both medical negligence and nervous shock claims
Demonstrated breach of expected standard of care
Negotiated effectively through mediation.

Secured a $1.2 million settlement for our client and $50,000 for her husband’s nervous shock claim.

What makes us the best medical negligence Lawyers in Sydney?

We are a leading no-win, no-fee legal team of compassionate and dedicated medical negligence and personal injury compensation lawyers. Our lawyers are experts in medical law, multi-lingual and, most importantly, we are successful at fighting for our clients.

We go the extra mile to maximise your claim

At GMP Law, we manage several types of medical claims with diligence, expertise and experience in medical law.

Oftentimes, the claims process will involve medical assessments to prove injury, harm or loss. We do not accept the insurance companies medical injury assessment report; we seek the analysis of independent medico-legal experts to help maximise your compensation.
Our promise to you is that no matter how difficult your case, we will manage it thoroughly and comprehensively until either a resolution is reached in mediation or your case progresses to court. It is our professional obligation to strive not only for justice, but for the maximum compensation achievable. This is our core philosophy and what differentiates us from other law firms.

Conveniently located

When you contact us for a free consultation, you have the option to book a meeting with one of our lawyers at one of three convenient Sydney addresses. In our initial consultation, we will learn about your situation and consider your eligibility to file for a medical negligence claim at no-obligation.

Schedule a consultation with one of our medical negligence lawyers in Sydney, today.

Real cases, real results

Meet the Sydney-based medical negligence team

Meet some of the diverse and dynamic compensation lawyers who support our clients with their medical negligence or malpractice claims.

Susan Newman

Senior Associate

NSW-accredited medical negligence expert, Susan Newman, has more than 20 years of experience in personal injury law. Her prior career as a registered nurse provides invaluable insight, enabling her to deeply empathise with her clients and relentlessly pursue justice for those harmed by medical errors.

Julie Baqleh

Partner

Julie Baqleh is a skilled personal injury lawyer with 22+ years’ experience. She’s a problem solver who gets results for clients facing complex legal challenges. She specialises in Medical Negligence and Institutional Abuse law.

We're here to help maximise your compensation

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