Proving medical negligence Our medical compensation lawyers can help you prove your case When something goes wrong during medical treatment, it’s natural to feel angry, confused, and unsure of your rights. But not every bad outcome is the result of negligence. Medical negligence occurs when a healthcare provider fails to deliver treatment that meets an acceptable standard — and that failure causes injury. To make a successful medical negligence claim, there are three key legal elements you must prove. Proving medical negligence A duty of care was owed and breached Doctors, nurses and other medical professionals owe a duty of care to their patients. You must first establish that this duty existed. Next, you must prove that the duty was breached. This means showing that the practitioner failed to provide care that meets the accepted professional standard. For example, if a GP misdiagnosed a serious condition that a reasonable doctor would have identified, that may constitute a breach. The breach directly caused your injury It’s not enough to show that something went wrong — you must prove a direct link between the breach and your injury. For example, if a surgeon made an avoidable error during an operation and you suffered complications as a result, that causal link may exist. This step can be complex and often requires expert medical evidence to show that the injury would not have occurred without the practitioner’s negligence. You suffered a lasting injury You must also prove that the negligence has caused you ongoing harm — physically, psychologically, or financially. This can include pain and suffering, lost income, and the cost of future care or rehabilitation. The extent of your injury will influence the amount of compensation you may be entitled to. In Victoria, compensation for medical negligence can range from $50,000 to several hundred thousand dollars, and in severe cases, may exceed one million dollars. Why you need a specialist medical negligence lawyer Medical negligence claims are among the most complex areas of personal injury law. Proving your case often requires expert reports, detailed records, and a deep understanding of both legal and medical standards. Our dedicated medical negligence lawyers specialise in this field and know exactly what it takes to build a strong case. With over 50 years of experience and a fearless commitment to justice, we’ve helped hundreds of clients secure the compensation they deserve. Don’t delay – time limits apply In most cases, you have three years from the date you knew (or ought to have known) that negligence caused your injury. However, some exceptions may apply, especially for children or individuals with disabilities. If you believe you may have a claim, contact us as early as possible after the incident. We will assess your case free of charge and advise you on your options. No Win, No Fee In most medical negligence matters, our No Win, No Fee policy applies. That means you pay nothing upfront — and nothing at all unless we win your case. In some cases, there may be some out of pocket medical costs for lost medical negligence claims. However, in most cases, these will be funded. Visit our No Win No Fee page for more information. Speak to a lawyer today If you or someone you love has been injured due to medical negligence, don’t face it alone. Call us on 03 1300 333 300 or visit one of our offices to speak directly with an experienced lawyer — with no consultation fee and no obligation. We’re here to help you get the answers, accountability, and compensation you deserve. For more information, visit our Medical Negligence page. Contact us For more information on our WorkCover lawyers, or any of our other legal services including superannuation and road accident claims, pop into one of our offices in Victoria or phone us on 03 9626 9541.