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Medical Negligence Lawyers in Canberra

Elringtons Lawyers has been helping people in medical negligence claims for over 25 years.

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Looking for a medical negligence lawyer in Canberra or South East NSW?

Elringtons is a leading medical negligence law firm serving Canberra and South East NSW, helping people harmed by negligent medical treatment. We know how devastating these situations can be, and we’re sorry you’re in a position where you need to look into a claim. Our team is led by Tom Maling, a former registered nurse with a decade of experience running medical negligence cases. If you’d like to talk to us, your first consultation is free — call (02) 6206 1300 or request a call back below.

What is medical negligence?

Medical negligence happens when a health professional provides treatment that falls below the standard another reasonable practitioner would have provided in the same situation, and that failure causes you injury or harm.

It is not just doctors who may be sued for negligence. Dentists, nurses, optometrists, physiotherapists, psychologists and any other health professional may be sued for negligent treatment which causes you an injury.

  • A doctor or health professional does something wrong;
  • It is something another reasonable doctor or health professional, in the same position, would not have done; and
  • This causes you an extra injury over what you had first had treatment for.

Common examples include surgical errors, misdiagnosis or delayed diagnosis, medication errors, mismanagement of pregnancy and birth, and failing to refer a patient on to a specialist when they should have been.

Not every poor outcome is negligence — some risks are inherent to treatment. The question is whether the care you received fell below the standard expected, and whether that failure caused you harm. If you’re not sure, we can help you work it out.

For a more detailed explanation, please see our ‘What is medical negligence?’ article.


Do you have a medical negligence case?

One of the first things people want to know is whether they have a case. Our team ethos is to be empathetic and to give conservative advice. The aim is to identify prospects as soon as possible. We do this by hearing your story, reviewing your medical records, and then using our expertise to let you know whether you may have a claim.

Give us a call or send an email to make an appointment. We’ll ask you for an outline of why you’re contacting us, as you’re the expert in your case. What happened to you, and why are you concerned that it is not just a complication? We want to know dates and where you had your treatment.

We will ask you for any copies of your health records. It is not essential that you have them now, but these records will be needed at some stage. The more information we have upfront, the better advice we can give you.

Keep in mind that strict time limits apply to medical negligence claims, so it is worth getting advice early.

How long do I have to make a medical negligence claim?

In both the ACT and NSW there are strict time limits for starting a medical negligence claim. As a general rule, you have three years from the date you became aware of the injury and its connection to the treatment. Different rules apply for children, and the courts can sometimes extend the time limit in particular circumstances.

Time limits are one of the most important things to get right in a medical negligence claim, and they are easy to misjudge. If you think something has gone wrong with your treatment, it is worth getting advice early — even if you are not sure yet whether you want to pursue a claim. Your first consultation with us is free.

Why choose us as Your Medical Negligence Lawyer in Canberra

We are a leading health and medical law firm and we understand medical negligence claims.

1.

Our lawyers have Over 25 years’ experience with medical negligence

Elringtons Lawyers has been helping people in medical negligence claims for over 25 years.

2.

Specialist lawyers with nursing and healthcare training and experience

Medical negligence is a special area of law. Just as you would see a specialist for complex health conditions, you should see a specialist for a medical negligence claim. 

3.

Our expertise is health and medical law

We are not just a personal injury firm which does a bit of medical negligence. We specialise in health and medical law—it’s our focus and passion (just look at all our articles and information on medical negligence).

Medical negligence Cases we have run

Medical negligence lawyer for negligent prescription and administration of an anti-migraine drug over many years.

Quadriplegia caused by negligent prescription and administration of an anti-migraine drug over many years.

Medical negligence lawyer for injury due to malpractice.

Complex hip fractures caused by illegal restraint in a mental health unit.

Medical negligence lawyer for delayed diagnosis.

Delayed diagnosis of appendicitis in an emergency department leading to perforation.

Medical negligence lawyer for Misdiagnosis of breast cancer.

Misdiagnosis of breast cancer due to incorrect reading of imaging and failure to perform a biopsy.

Medical negligence lawyer for negligent fracture and swelling management by a hospital and GP.

Permanent finger contractures due to negligent fracture and swelling management by a hospital and GP.

Medical negligence lawyer for permanent nerve injury during neck surgery.

Permanent nerve injury during neck surgery.

Medical negligence lawyers for Perforation of sinus cavity during tooth extraction.

Perforation of sinus cavity during tooth extraction.

Medical negligence lawyers for Failure to administer sufficient anaesthetic during cardiac pacemaker surgery.

Failure to administer sufficient anaesthetic during cardiac pacemaker surgery.

Medical negligence lawyers for signs of pre-eclampsia

Failure to recognise signs of pre-eclampsia.

Book a consultation with one of our medical negligence lawyers

Book a FREE initial consultation with a medical negligence lawyer

Give us a call, come in and have a chat or request a call back.

Book now

Our Medical negligence lawyer Services

In Canberra, Queanbeyan, Bega, Cooma, Batemans Bay, Merimbula and other South-Eastern NSW areas, our medical negligence lawyers provides expert advice covering:

Hospital claims
Surgical errors
Pregnancy and birth
GP claims
Misdiagnosis or delayed diagnosis
Medication errors

Hospital claims

A hospital will be liable for negligence by doctors, nurses, pharmacists and other staff who work for or at the hospital.  A hospital may be negligent when staff fail to implement strategies aimed at reducing a risk of harm to a patient.  This may include:

  • Not performing surgery competently;
  • Administering the wrong medication or the incorrect dose;
  • Birthing complications not adequately managed; or
  • Failing to escalate care when a patient’s condition is deteriorating.
Learn more

We have acted for many clients in cases involving negligence by hospital staff, including:

  • Stretching a nerve during neck surgery.
  • Cutting an artery during abdominal surgery.
  • Failing to repair ligaments during knee surgery which were meant to be repaired.
  • Performing a surgery that our client had not consented to.
  • Failing to diagnose a condition was being caused by a side-effect of a drug being given by the hospital.
  • Administering a medication which our client should not have received at all.
  • Failing to administering the correct dose of anaesthetic during insertion of pacemaker.
  • Physically restraining our client and causing serious hip and pelvic fractures.

For more information on hospital negligence see our pages:

  • Hospital Complications and Medical Negligence
  • Surgical errors
A representation of a patient in hospital needing to speak to a  medical negligence lawyer

Surgical errors

Before you have surgery you should be told of the risks of the surgery.  Depending on what the precise procedure is, common risks are bleeding, pain and damage to nerves.  By agreeing to have the surgery, the law presumes that you have accepted these risks.  They are called inherent risks.  If an inherent risk of the procedure happens, the law will generally say that a doctor or hospital is not at fault. 

A surgical error on the other hand is something which is not an inherent risk of the surgery.  It is something that should not occur if the surgeon performed the surgery competently.  It is when a surgical error takes place through incompetence or without proper skill, that you may have a medical negligence claim.

Learn more

We have acted for clients in surgical error claims which have included:

  • Stretching a nerve during surgery.
  • Incorrectly assessing the position of a cyst during neck surgery and damaging nerves.
  • Cutting an artery during abdominal surgery.
  • Failing to administering the correct dose of anaesthetic during insertion of a pacemaker.
  • Failing to recognise a serious complication during surgery and doing nothing to treat the complication.

Surgery being performed representing a patient needing to speak to a medical negligence lawyer.

Pregnancy and birth claims

Claims relating to pregnancy and birth usually fall into 2 categories:

  1. A claim by the child if it is born with injuries that arise as a result of a failure by others looking after the mother during the pregnancy and birth. 
  2. A claim by the mother as a maternal injury claim during or after the birth if there has been mismanagement. 
Learn more

We have handled cases relating to pregnancy and birth claims which have included:

  • Failing to administer early antibiotic cover leading to infection within the birth canal and uterus and leading to premature birth.
  • Improperly diagnosing incontinence in an expectant mother when in fact her waters had broken, leading to premature birth and damage to the baby.
  • Failing to recognise and treat rapidly increasing blood pressure in the mother causing pre-eclampsia and premature birth.
  • Failing to administer the correct type and dose of medication giving rise to injury to the unborn baby in-utero.
  • Failing to identify that of part of the placenta had been left in the uterus after the birth of the baby leading to sepsis and a need for surgery.
  • Failing to properly repair a third degree tear following episiotomy needed during delivery leading to massive scarring, constant groin pain and affect on activities of daily living.

For more information see our pregnancy and birth claims page.


GP claims

GP’s are the first port of call for many of us when we are unwell. They have a complex job. Unfortunately, there are many cases of negligence against GPs involving failure to diagnose conditions, failure to refer patients to specialists and medication errors.

Learn more

We have acted for clients against GPs in cases involving:

  • Improper advice and management of wrist fracture, including failing to treat swelling.
  • Long-term prescription of an antimigraine medication which was only meant to be prescribed for short-term relief.
  • Under-dosing a medication during pregnancy, which meant the intended effect of the medication did not occur.
  • Prescribing 2 medications which were not meant to be taken together.
  • Failing to refer our client to an obstetrician in an at-risk pregnancy.


Misdiagnosis or delayed diagnosis

A medical misdiagnosis occurs when a doctor fails to diagnose the correct condition.  This may occur because the doctor has failed to competently conduct an assessment or misinterprets the results.  This failure may then lead to incorrect treatment being prescribed or no treatment at all. 

Learn more

Examples of cases we have been involved in where there has been a misdiagnoses include: 

  • Incorrectly interpreting ultrasound imaging and misdiagnosing breast cancer (plus failing to perform a biopsy of the breast lump).
  • Misdiagnosing symptoms of a stroke before it became catastrophic.
  • Misdiagnosing pre-eclampsia which caused our client to have a stroke.
  • Misdiagnosing the position of a cyst and causing nerve injury during a surgery.

For more information see our page Medical Misdiagnoses.


Medication errors

A doctor’s duty of care covers choosing the right medication and dose, advising patients on the treatment options, warning of risks and monitoring for the intended impact of the medication and side-effects.

Learn more

We have acted for clients in cases involving:

  • Long-term prescription of an anti-migraine medication which was only meant to be prescribed for short-term relief.
  • Under-dosing a medication during pregnancy, which meant the intended effect of the medication did not occur.
  • Overdosing of a medication causing loss of consciousness.
  • Prescribing 2 medications which were not meant to be taken together.

For more information see our page Medications and Medical Negligence.

What does the medical negligence claims process look like?

Medical negligence claims are not quick — most take between 18 months and three years, sometimes longer for more complex cases. Here is a rough sense of what is involved:

  1. First consultation. We listen to your story and give you an honest, conservative view of whether you may have a claim. This is free.
  2. Gathering records. We obtain your medical records and any other relevant documents.
  3. Expert review. We send the records to an independent medical expert in the relevant specialty for their opinion on whether the care fell below the expected standard.
  4. Decision to proceed. With the expert opinion in hand, we sit down with you and decide whether to take the claim forward.
  5. Negotiation and resolution. Most claims settle through negotiation. A small number go to a court hearing.

Throughout the process you will deal directly with the lawyer running your matter. We will keep you updated and explain each step before it happens.

FAQs

What compensation for my losses can I receive?

The types of compensation that may be awarded are:

  1. Previous lost wages for your time off work;
  2. If your injuries will affect your ability to work in the future, then your future lost wages;
  3. The cost of treatment, medications, disability aids and pain relief in the past and future;
  4. Care and assistance provided to you by family and friends, or paid for;
  5. Pain and suffering; and
  6. Loss of enjoyment of life.
How much is my claim worth?

Here are a few examples from us:

  • $12 million for a client who was negligently prescribed a medication by a GP, Neurologist and hospital and which unfortunately caused catastrophic injuries.
  • $780,000 for a client who had a dental extraction negligently performed, causing perforation of a sinus cavity.
  • $450,000 for a client who suffered nerve injury during surgery.
  • $65,000 for a client given inadequate anaesthetic during a procedure.

Claims will be much bigger when injuries are more severe.  However, even comparatively minor injuries can see very large claims when a person cannot work for a period of time and there is an ongoing need for treatment.

What does it cost to hire a medical negligence lawyer?

We provide free initial consultations and tailored solutions to legal fees. This includes no charge up front for services, staged or progressive payments or payment at the end of the matter. We are happy to provide more details on fees, however as each case is different, we provide estimates directly to you so that it is relevant to your individual claim. 

We offer no win/no fee arrangements on a wide range of matters. You will have to pay for things like expert evidence and court fees, but will cost you nothing to speak to our health law team about what has happened to you.  

Some firms charge what’s called an ‘uplift fee’, which is a percentage increase on the fees charged at the end of your matter (sometimes 20%).  We don’t.  

In our experience, the costs of doing nothing, long term, outweigh your legal costs.  Further, if you are successful, the general rule is that the other side will pay the majority of your legal costs.

How should I choose a medical negligence lawyer?

There are some great lawyers in Canberra and South East NSW. Apart from choosing someone who focuses on medical negligence, consider a lawyer you can work with. These cases are often very long, so you want someone you can build a rapport with. Trust is essential — trust in your lawyer’s judgement, and trust in how they handle your very sensitive personal information.

Our Canberra medical negligence lawyers can help: Meet our team

We focus on understanding your unique situation to build trust and work with you in a way that eases your stress. Our goal is to be a dependable partner, guiding you through the medical negligence legal process with confidence and support.

Tom Maling leads our health law team, which comprises Gabby Bridger, Isabelle Johnston and Bailey Harvey. Our staff mix means you can work with someone you are comfortable with.

Tom Maling, medical negligence lawyer at Elringtons in Canberra

Tom Maling

Partner

Tom completed training as a Registered Nurse and has experience in hospitals and nursing homes. He has health law expertise, running medical negligence claims involving surgery (including dental), medication errors, physical restraint in mental health, misdiagnoses and pregnancy mismanagement. Tom also advises on professional misconduct (AHPRA), mental health, and complex consent disputes.

Matthew Bridger

Special Counsel (Consultant)

Matthew Bridger, medical negligence lawyer at Elringtons in Canberra
Gabby Bridger, medical negligence lawyer at Elringtons in Canberra

Gabby Bridger

Associate

Gabby has worked on a range of medical negligence cases including those involving orthopaedics, surgical errors, hand surgery, medical misdiagnosis and female health. Gabby’s knowledge attained in her original degree, a Bachelor of Science in Psychology, assists with her understanding of psychological injuries and impacts, along with her understanding of physical health.

Isabelle Johnston

Associate

Isabelle has a diverse range of personal injury matters, with a particular focus on claims arising from medical negligence. She understands the complexities that medical negligence matters can present, and has worked on matters involving surgical errors, delayed or incorrect diagnoses, and issues affecting women’s health. Isabelle appreciates that these claims are deeply personal and approaches each matter with empathy and care. By taking the time to listen to your circumstances, she works to build a strong, trusting relationship with you while pursuing fair and meaningful results.

Isabelle Johnston, medical negligence lawyer at Elringtons in Canberra

Insights

  • Pregnancy and Birth Claims

    Pregnancy and Birth Claims

    As part of our health and medical law specialty, we…

    Health Law, Litigation & Dispute Resolution
  • Medical Misdiagnosis

    Medical Misdiagnosis

    A doctor’s duty of care covers diagnosing health conditions and…

    Health Law
  • What is Medical Negligence?

    What is Medical Negligence?

    What does Medical Negligence mean? A doctor owes you a…

    Health Law, Litigation & Dispute Resolution

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