How Much Can You Claim? Medical Negligence Compensation & Payout Examples in Australia
When medical treatment goes wrong, you deserve justice and compensation. At PK Simpson, we’ve helped thousands of Australians successfully claim medical negligence compensation since 1977. With our No-Win No-Fee guarantee, you can pursue your claim with confidence.
Why Choose PK Simpson For Your Medical Negligence Claim?
With our experienced team of lawyers and support staff across Sydney, Newcastle, Wollongong, Parramatta, Liverpool, and Campbelltown, PK Simpson has the expertise and resources to handle any medical negligence matter. We’ve successfully managed over 25,000 cases since 1977.
What makes us different:
- We pay for all medical reports, so there’s no financial burden on you during your claim
- Free initial consultation face-to-face, by phone, or video
- Direct access to senior lawyers, not just junior staff
- No-Win No-Fee guarantee, which means you only pay if we win
- Decades of experience helping Sydney and Australia
Unlike many firms, we don’t cherry-pick easy cases. We represent anyone with a viable compensation claim, regardless of size, because we believe everyone deserves justice after medical negligence. You’re in safe hands with PK Simpson.
What is Medical Negligence?
Medical negligence occurs when healthcare professionals fail to provide the standard of care expected from competent practitioners. In Queensland alone, over $390 million was paid in medical negligence claims between 2018–2023, highlighting the scale of this issue across Australia.
You may have a claim if you’ve experienced:
- Misdiagnosis or delayed diagnosis causing harm
- Surgical errors, including wrong-site surgery or complications
- Birth injuries affecting the mother or the baby
- Medication errors that cause adverse effects
- Failure to warn about treatment risks
- Hospital negligence, including inadequate care
- Gross boundary violations, including sexual misconduct by health care workers, psychologists, psychiatrists, mental health nurses, or counsellors.
Do You Have a Valid Medical Negligence Claim?
To succeed in a medical negligence claim, you need to prove:
- Duty of care existed between you and the healthcare provider
- The breach of duty occurred through substandard care
- Causation, which means the breach directly caused your injury
- Damages; you need to prove you suffered actual harm (physical, psychological or financial)
Our experienced team provides free initial assessments to determine if your circumstances constitute medical negligence. We’ll review your medical records, obtain expert opinions, and advise you honestly about your prospects for success.
Time Limits For Medical Negligence Claims
Act quickly—strict time limits apply:
- Adults: 3 years from discovering the injury
- Children: Can claim until age 21
- Persons with disabilities: Extended timeframes available
Missing these deadlines can permanently bar your claim. Contact us immediately on 1300 757 467 to protect your rights.
Common Medical Negligence Claims We Handle
Surgical Negligence
Operating errors, anaesthesia complications, post-operative infections, and retained surgical instruments
Diagnostic Failures
Cancer misdiagnosis, delayed diagnosis, failure to order appropriate tests, and misread results
Birth Injuries
Cerebral palsy, brachial plexus injuries, maternal complications, failure to monitor foetal distress
Hospital Negligence
Emergency department errors, nursing negligence, medication mistakes, inadequate monitoring at facilities, including Westmead Hospital, Royal North Shore Hospital, and St Vincent’s Hospital
GP Negligence
Failure to refer to specialists, prescription errors, missed symptoms, and inadequate follow-up
What Compensation Can You Claim?
Medical negligence compensation covers:
Economic Losses:
- Past and future medical expenses
- Lost wages and earning capacity
- Care and assistance costs
- Travel and accommodation for treatment
Non-Economic Damages:
- Pain and suffering
- Loss of enjoyment of life
- Psychological trauma
Recent successful claims range from $180,000 for surgical complications to over $7 million for severe permanent injuries. Most claims settle between $100,000–$500,000, depending on injury severity.
Our Proven Process
- Free Initial Consultation: Discuss your case confidentially with our senior lawyers
- Evidence Gathering: We obtain all medical records and documentation at our expense
- Expert Medical Opinion: Independent specialists assess whether negligence occurred
- Negotiation: We negotiate aggressively with insurance companies for maximum compensation
- Resolution: Most cases settle out of court. If needed, we’re prepared to fight in court
No-Win No-Fee Guarantee
We understand the financial pressure you’re under. That’s why we offer:
- No legal fees unless we win
- We pay all medical reports and expert costs
- No hidden charges or surprises
- Clear fee agreements from the start
You have nothing to lose and everything to gain by starting your claim today.
Why Medical Negligence Claims Need Specialist Lawyers
Medical negligence is one of the most complex areas of law. Success requires:
- Deep understanding of medical procedures and standards
- Access to leading medical experts
- Experience negotiating with insurance companies
- Resources to fund comprehensive case preparation
Since 1977, PK Simpson has specialised exclusively in compensation law. We have the expertise, relationships and resources to maximise your claim.
Understanding Medical Accidents vs Negligence
Not every adverse medical outcome constitutes negligence. The key distinction lies in whether the healthcare provider met professional standards. Our experienced team can assess whether your circumstances constitute actionable medical malpractice warranting compensation.
Take Action Today to Protect Your Rights
Medical negligence claims are complex and time-sensitive. With strict limitation periods and the need for expert evidence, early legal intervention significantly improves your chances of success.
Your Immediate Next Steps:
- Continue documenting all medical treatment and impacts
- Preserve all evidence, including records and receipts
- Contact our team promptly for expert assessment
- Avoid discussing your case with insurers without representation
- Focus on recovery while we handle legal complexities
Start Your Medical Negligence Claim Today
Don’t let medical negligence define your future. Our experienced personal injury lawyers are ready to fight for the compensation you deserve.
Frequently Asked Questions
How much compensation can I expect for medical negligence in Australia?
Medical negligence compensation ranges from $180,000 for surgical complications to over $7 million for severe permanent injuries. Most successful claims settle between $100,000–$500,000, depending on injury severity and impact. Your compensation covers medical expenses, lost wages, care costs, and pain and suffering. With PK Simpson’s proven track record since 1977, contact us for a free assessment of your potential claim value.
How long do I have to make a medical negligence claim?
Adults have 3 years from discovering the injury to make a claim. Children can claim until age 21, whilst extended timeframes apply for persons with disabilities. Missing these deadlines permanently bars your claim, so don’t risk losing your right to compensation. Contact PK Simpson immediately on 1300 757 467 to protect your rights.
What does “No-Win No-Fee” actually mean for medical negligence claims?
Our No-Win No-Fee guarantee means you pay no legal fees unless we win your case. PK Simpson covers all upfront costs, including medical reports and expert opinions, which typically cost thousands of dollars. You receive no bills during your claim and only pay our fees if we secure compensation for you. This removes the financial barrier to pursuing justice.
How do I prove medical negligence occurred?
To succeed, you must prove four elements: a duty of care existed, your healthcare provider breached professional standards, this breach directly caused your injury, and you suffered actual damages. Our experienced team handles all evidence gathering, medical records, and independent expert medical opinions to build the strongest possible case for you. Contact us here today to start the process.