Medical Negligence Claims in NSW

Medical negligence occurs when a healthcare provider fails to meet the standard of care expected in their profession, resulting in harm. This may involve a misdiagnosis, incorrect treatment, surgical mistakes, birth injuries, medication errors, or delayed action. To succeed in a claim, you must show that the outcome would have been different with proper care.

Anyone who suffered harm due to a medical professional’s error or inaction can make a claim. This includes patients, their legal guardians (for children), or next of kin in the case of death. Claims may also be brought for delayed diagnosis, injury during childbirth, or hospital-acquired infections.

Start by contacting us for a free consultation. If your case has merit, we’ll begin gathering records, seeking medical reports, and lodging your claim. Lexmens will stand by your side every step on your medical negligence compensation journey.

In most cases, no. At Lexmens, we pride ourselves on resolving claims through mediation and early settlement, not litigation.

We advise as to the future prospects of success and hurdles that will inevitably be confronted through litigation, such time delays, increased legal costs, stress, and uncertainty. We then weigh up the pros and cons of litigation versus settlement, guiding to you to an informed decision. We do this without compromising on fair outcomes to you.

Our goal is always to maximise your compensation without unnecessary delays or stress. We only need to escalate to court or tribunal, when it’s in your best interest.

When we have to litigate, we fight diligently and confidently, by your side.

You may be entitled to:

- Reimbursement of medical expenses

- Lost income or reduced earning capacity

- Pain and suffering (non-economic loss)

- Home or car modifications if needed

- Psychological treatment

- Funeral expenses and death benefits if applicable Each claim is unique, and we’ll assess your entitlements thoroughly.

There’s no fixed amount. Compensation depends on the severity of the harm, how it affects your life and work, and whether permanent impairment is involved. We’ll give you a clearer estimate after reviewing your circumstances and gathering expert medical opinions.

Yes. In NSW, you generally have 3 years from the date you knew (or ought to have known) that negligence occurred. In some cases, extensions may be granted, especially if the injury or error was discovered later. We recommend seeking advice as early as possible to preserve your rights.

Yes. Parents can claim for children, and family members may act on behalf of someone who passed away or is unable to manage their own affairs. Contact us to discuss who can represent the injured person legally.

You must establish three things:

- A duty of care was owed to you

- The provider breached that duty

- That breach caused your injury or worsened your condition

Expert medical evidence is usually required to prove this. Our legal team will help arrange the necessary assessments and reports.

Yes. Consent does not protect a medical provider from liability if they failed to meet the standard of care. Signing a form does not waive your right to safe treatment.