Medical and health practitioners are required to provide you with a medical diagnosis and undertake treatment and procedures with a professional standard of care and expertise. If these standards are not met and personal injury or bodily harm occurs, the practitioner or hospital may be held accountable for medical negligence. If you believe that a medical or healthcare professional has failed to adhere to a professional standard of care, you may have a claim for medical negligence compensation.

Advantage Legal are expert medical negligence lawyers who will spend time with you to understand exactly what happened and provide you with advice on the likely success of your claim. Our team will answer your questions, be available when you need us and resolve your claim in the quickest time possible. Your medical negligence claim is worth more with Advantage Legal.

On This Page

We’re here to help with your medical negligence Claim

NSW legislation permits a broad range of medical negligence claims. Our medical negligence lawyers will utilise decades of personal injury experience to quickly identify whether you have a claim and will then manage the process from start to finish on your behalf. You’ll receive regular updates on the progress of your claim and will be covered by our no-win, no-fee promise. At Advantage Legal, we believe that compensation should be all about you.

Our team can assist with many different types of medical negligence claims:

  • Medical misdiagnosis
  • Delayed diagnosis
  • Surgical or anaesthesia errors
  • Cosmetic or plastic surgeon errors
  • Physical treatment injuries
  • Defective implant or medical device injuries
  • Infectious diseases
  • Birth related injuries

If you would like to receive a free confidential free discussion about your potential medical negligence claim, please contact our team.

Medical Negligence Frequently Asked Questions

Pursuing a medical negligence claim can be an incredibly stressful experience which is why it is essential that you choose a law firm who appreciates what you’re going through, who will be available when you need to talk and who will maximise your compensation based on your personal circumstances. To assist you to understand more about the medical negligence claim process, we’ve put together a list of frequently asked questions that we receive at initial consultations with injured people. This information is general in nature and does not take into account your personal circumstances so should not be relied upon as legal advice.

Who can I bring a claim against for medical negligence?
Medical negligence claims can be brought against a wide range of medical and health care practitioners and hospitals. Examples include:

  • General practitioners
  • Surgeons of any speciality
  • Acupuncturists
  • Chiropractors
  • Physiotherapists
  • Massage therapists
  • Dentists
  • Nurses
  • Radiologists
  • Paramedics
  • Private hospitals
  • Public hospitals
To find out whether a claim can be brought against the medical practitioner, health practitioner or hospital where your medical negligence occurred, please get in contact with our senior team for a free initial consultation.
What can I claim?

Medical negligence compensation varies based on your personal circumstances. The common types of compensation that are claimed are as follows:

  • Past and future income loss
  • Domestic care and assistance
  • Past and future medical expenses
  • Pain and suffering and loss of enjoyment of life
  • Legal fees

Upon successful conclusion of your claim, you will receive compensation in the form of a lump sum pay out. The claim is made on a ‘once and for all’ basis, so its important that all aspects of your entitlements are thoroughly explored well before completion occurs.

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

In NSW, a person who has sustained injuries as a result of the negligence of a medical practitioner, health practitioner or hospital has three years from the date the cause of action is discoverable. In other words, the date that you:


  • Had actual knowledge of the right to pursue a compensation claim; or
  • Ought to have had known that you had the right to pursue a compensation claim.

If you’d like to understand the time limits associated with your medical negligence claim based on your personal circumstances, please contact our medical negligence team for more information.

What is involved in pursuing a medical negligence claim?

At Advantage Legal, we believe that compensation should be all about you. This means that no two people are ever treated the same as their circumstances will never be identical. There are however some commonalities in the process which apply to medical negligence claims in general:

  • We spend time understanding the circumstances of your injuries and the medical procedure undertaken to provide you with advice on your prospects of success. If we believe that you have a viable claim, we’ll offer to represent you.


  • We’ll gather medical, financial and liability evidence to support your position and make a claim against the relevant medical practitioner, health practitioner or hospital and/or their insurance company.


  • We’ll attempt to resolve your claim without the need for Court intervention.


  • If Court action is necessary, we’ll engage a barrister and ensure that we put forward the best possible position to win your case and maximise your compensation.
How do lawyers charge for medical negligence claims?
Personal injury lawyers in NSW typically charge hourly rates, staged fees or fixed fees for medical negligence claims. Following an initial consultation, if a lawyer believes that your claim has reasonable prospects of success, you will be provided with a document called a ‘cost agreement and disclosure’ which outlines exactly how they propose to charge. This document will also provide you with an estimate of the lawyer’s professional costs and the disbursements that are likely to be payable.

At Advantage Legal, our clients enjoy the benefits of our no-win, no-fee promise. This means that if we take on your case, you’ll only need to pay our professional fees and disbursements on the successful conclusion of your claim. For more information ‘on ‘no-win, no-fee’ please see our FAQ What does No-Win, No-Fee mean?
What does No-Win, No-Fee mean?
No-win, no-fee means that a personal injury law firm will take on your claim and only request payment of professional fees when a successful resolution occurs. Injured people wishing to pursue a medical negligence claim should carefully read the fine print of a law firms no-win, no-fee offering as there is no common industry standard. In other words, its important to know what a no-win, no-fee agreement covers to ensure you minimise the risk of undertaking legal proceedings if required.

At Advantage Legal, our no-win, no-fee promise means that we’ll pursue your medical negligence claim and only request payment of our professional fees and disbursements when a successful resolution occurs. Many law firms do not include disbursements in their no-win, no-fee arrangement, however we do, because we have no doubt that our team of medical negligence legal experts will deliver you a successful outcome and maximise your compensation.

For too long, we have seen injured people treated poorly in NSW by large law firms and insurance companies. At Advantage Legal, we believe that compensation is personal and requires a tailored approach. Our clients trust us to know them personally, be available when they need us and to get the best possible rehabilitation and compensation outcomes for them. We take this trust seriously.

Leigh Davidson 
Principal Solicitor​

Ready to Speak to a Lawyer ?

Call us on (02) 8379 1806 or

Ready to Speak to a Lawyer ?

Call us on (02) 8379 1806 or

Not Ready to Speak to a Lawyer ?

Get Free Online Claim Advice 24/7

What Our Clients Say

We’d Love to Help You

Why Us

No Win, No Fee Promise
100% FREE confidential claim evaluation
Our lawyers have worked in insurance companies
Our lawyers are Accredited Specialists in Personal Injury Law
Your claim will be managed by an Accredited Specialist in Personal Injury Law
Our entire team are accessible, experienced, trustworthy & dependable
Proven track record on winning complex and difficult cases
Rehabilitation first approach to compensation claims
Exclusive Compensation Partner of Bicycle NSW
Genuine support throughout your claim
Maximum Compensation
Award winning team

News and Articles

Scroll to Top
This website has been updated to reflect changes to NSW motor accident injury scheme. These changes apply to people injured in motor accidents on or after 1 April 2023. Please note that if you were injured in a motor accident before 1 April 2023, different time limits and compensation entitlements apply to your claim. Contact our team for more information.
Call us: 02 8379 1806