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Medical negligence claims can result in significant compensation when healthcare providers fail to meet their duty of care. Understanding what these claims might be worth can help you make informed decisions about pursuing legal action.
Want to understand what your medical negligence claim could be worth? We’ve compiled real examples of medical negligence payouts in Australia, ranging from $180,000 to $9 million, to help you gauge potential compensation amounts. Below, you’ll find detailed case studies and factors that influence medical negligence payout amounts.
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In this case, our client suffered a fistula following a hysterectomy, which led to incontinence. After the original surgical repair, she underwent a second procedure where a catheter was inserted to help her bladder rest. Unfortunately, the catheter was clamped by the nursing staff in the days following the surgery, causing significant damage to the bladder and resulting in the fistula reforming at two sites.
This error led to permanent incontinence and urinary urgency, which forced our client to retire early from her physically demanding role as a ward nurse. Even administrative roles were unsuitable due to the ongoing need to remain close to a bathroom.
As a result, we were able to secure over $700,000 in damages, reflecting:
Our client experienced pre-syncopal and syncopal episodes, including dizziness, low heart rates, and loss of consciousness. Despite these symptoms, a pacemaker was implanted, but it was unnecessary and incorrectly inserted, resulting in continued syncopal episodes. The pacemaker was later removed, leading to an improvement in her condition.
The $180,000 settlement was awarded to compensate for:
During what should have been a routine laparoscopic cholecystectomy, medical error led to serious complications including bowel perforation and intra-abdominal sepsis. The patient required an additional 50 days in the hospital to recover from these complications.
Their $200,000 payout factored in:
Payouts for medical negligence claims in Australia can vary widely depending on the specifics of each case. According to 2022-23 data from the Australian Government Actuary, most medical negligence claims settle for amounts under $100,000, though more severe cases can result in settlements of $500,000 or more.
Compensation is typically calculated based on the level of impairment. If you have a whole-person impairment of 5% or greater, you may be eligible for compensation. For psychological or trauma-related injuries, a minimum impairment of 10% is generally required to claim non-economic damages, such as compensation for pain and suffering.
In the most severe medical negligence cases, compensation can reach significant amounts, as demonstrated by the $9 million settlement awarded to Zachary Quinn. This landmark payout followed a surgical error that resulted in permanent disabilities, including cerebral palsy, spastic quadriplegia, and ongoing respiratory issues.
The substantial payout reflects the lasting and wide-reaching impact of such medical negligence, addressing critical needs such as:
This example underscores how the severity of a case can lead to compensation that covers not just immediate medical costs, but also long-term care and support.
Payouts for medical negligence claims in NSW can vary from year to year. According to 2019 data from the Illawarra Shoalhaven Local Health District, over $23.5 million was paid out over a two-year period, with individual case settlements averaging around $230,000.
These claims predominantly involved issues such as misdiagnosis and treatment failures. As with most states, the payout amount is influenced by the severity of the injury, long-term effects, and the level of negligence involved.
While detailed public statistics on medical negligence payouts in Victoria are not readily available, the state’s compensation framework generally follows guidelines similar to those of NSW. For example, a recent case in Victoria settled for $50,000, with payouts typically ranging from $50,000 to $500,000 or more, depending on the specific circumstances of the case.
More severe cases with long-term effects, like permanent disability or significant health issues, can result in higher settlements. Cases involving psychological trauma or complex surgeries may also receive higher compensation.
The level of permanent disability significantly influences compensation amounts. In Australia, you must have:
The financial impact of medical negligence is carefully calculated and includes:
Compensation for medical expenses covers both current and future needs:
Individual circumstances play a crucial role in determining payouts:
Medical negligence, also known as medical malpractice, occurs when a healthcare provider fails to meet the standard of care expected in their field, resulting in harm or injury to the patient. This can involve actions or inactions that fall below what a reasonably competent medical professional would have done in a similar situation.
In a medical negligence claim, it’s argued that the healthcare provider failed to perform their duties in a way that aligns with the standard of care expected from a similarly trained professional. This could include errors in judgment, procedures, or the failure to act in a manner consistent with the care that another competent professional would provide.
Medical negligence can lead to physical or emotional harm and may result in either the worsening of an existing condition or the development of a new injury.
Medical negligence is judged by whether a healthcare provider with similar expertise would have made the same decision or error in a comparable situation. If the provider’s actions or omissions deviate from what is expected, this could constitute negligence and lead to a valid claim.
Not all negative medical outcomes qualify as negligence.
The following situations typically don’t qualify:
If you believe a medical practitioner has behaved inappropriately or unprofessionally, this may not qualify for a medical negligence claim, but could still be grounds for a formal complaint. In such cases, you can contact the Health Care Complaints Commission (HCCC) in NSW to make a formal complaint about the practitioner’s conduct.
Medical negligence can be challenging to prove, as hospitals often try to attribute your injury to a pre-existing condition. That’s why it’s crucial to work with a medical negligence lawyer who knows the essential steps to build your case and understands what constitutes a successful claim.
To succeed in your claim, you must establish four key elements.
Duty of care | To file a compensation claim, a clear and established patient-practitioner relationship must exist. You can pursue a claim against the healthcare provider who directly treated you—or the hospital through vicarious liability—as this creates a legal duty of care. |
Breach of standard care | Demonstrate that the healthcare provider’s actions deviated from the accepted medical standards. |
Resulting damages | Show that you suffered harm, whether physical, psychological, or financial. |
Direct causation | Establish that your injuries were directly caused by the healthcare provider’s breach of duty. |
You must act quickly in a medical negligence case because strong proof is critical in this type of claim. Contacting a lawyer for legal advice and to handle your case can help you maximise your payout and chances for success.
If you believe you’ve experienced medical negligence, it’s crucial to act quickly to preserve evidence to protect your rights. Our team of medical negligence lawyers can:
Medical negligence claims typically take between 12 and 36 months to settle, depending on the complexity of your case and whether it goes to court.
Straightforward cases where liability is clear might settle within a year, while complex cases requiring extensive medical evidence and expert testimony can take longer. Some claims may be resolved through early settlement negotiations, potentially reducing the timeframe for receiving compensation.
While often used interchangeably, compensation refers to the overall payout you receive, while damages are specific categories of loss within that payout. Your compensation might include several types of damages:
If you’re unsatisfied with a payout offer, you can:
GMP Law’s experienced medical negligence lawyers will advise whether an offer is fair based on similar cases and your specific circumstances.
Generally, compensation received for personal injury, including medical negligence, is not taxable in Australia. However, certain portions of your payout might have tax implications:
It’s advisable to consult with a financial advisor about managing your payout to minimise any tax implications.
In the spirit of reconciliation GMP Law acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea, and community. We pay our respects to their Elders past, present, and emerging, and extend that respect to all Aboriginal and Torres Strait Islander peoples today.
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