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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 family lawyer in Canberra?

What is medical negligence?

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.

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


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.

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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.

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.

Our Canberra Family 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

Tom Maling

Partner
Matthew Bridger

Matthew Bridger

Special Counsel
Gabby Bridger

Gabby Bridger

Associate

Insights

  • Pregnancy and Birth Claims

    Pregnancy and Birth Claims

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

    Health Law, Litigation & Dispute Resolution
  • Surgical Errors

    Surgical Errors

    Surgical errors include cutting of arteries or nerves, performing the…

    Health Law
  • Medical Misdiagnosis

    Medical Misdiagnosis

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

    Health Law

Contact us

Free Initial Consultation

Book a free 30 minute initial consultation.

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Contact

P: (02) 6206 1300
E: info@elringtons.com.au

Canberra
6A Thesiger Ct, Deakin ACT Australia
PO Box 230 Deakin West ACT 2600

Queanbeyan
122 Monaro Street, Queanbeyan NSW Australia
PO Box 379 Queanbeyan NSW 2620


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