Medical Negligence Lawyers

Professional Medical Negligence Lawyers

Burke Mead Lawyers are experienced medical negligence lawyers and experts in personal injury law, assisting clients with various legal services and professional advice.

Our services are delivered by a team of personal injury lawyers with experience in medical malpractice cases. We can assist our clients in resolving personal injury matters quickly and efficiently, helping them to articulate their medical negligence compensation claims and walking them through the process to prove medical negligence.

But how do you know if your experience counts as medical negligence? A medical professional is bound by a duty of care for all their patients; when that duty of care is breached during medical treatment and results in damage, that is considered medical negligence.

The types of professionals that can be subject to medical negligence law include all medical practitioners. These health professionals have a duty of care to provide medical treatment to a standard that is required by law and must have specific qualifications to perform their jobs with reasonable skill.

If you believe you may be entitled to claim compensation due to negligent treatment, seek legal advice as soon as possible – contact Burke Mead Lawyers to book a consultation.

The Benefits of Working with a Medical Negligence Lawyer

Seeking legal representation in a personal injury law matter is the best course of action you can take when pursuing medical negligence claims.

There are numerous benefits to working with an experienced medical negligence lawyer. As personal injury law specialists, we work with you to manage the compensation claims and dispute process, helping you navigate this extremely difficult time.

We take a collaborative approach to understanding your needs and our objective is focused on securing the best possible compensation outcome for you and your future.

Our professional legal team specialises in resolving personal injury disputes through mediation and negotiation. Burke Mead Lawyers are one of the leading personal injury law firms operating in Newcastle, the Central Coast, and the Maitland Hunter Region. Contact Burke Mead Lawyers today!

Medical Negligence Lawyer FAQs

What is the difference between negligence and medical negligence?

Negligence on its own refers to everyday, ordinary negligence. An example of this could be an accident from slipping on something or tripping over an item someone left out. It is called negligence because all individuals are expected to exercise reasonable care in their actions to avoid harming others. You can be held liable for physical or financial harm caused by this type of negligence.

Medical negligence is different in that the word ‘medical’ refers to a medical practitioner specifically. Due to the nature of the medical profession, there is an expectation of higher duty of care and legal standards or requirements a professional must abide by when providing medical treatment, diagnosis, or advice. If you fail to meet these standards or fail in the expected duty of care, and this failure results in injury or loss, this would be considered medical negligence.

What can I claim for as medical negligence?

An individual may claim medical negligence for a variety of medical treatments and procedures. For example, you might be able to make a claim for receiving a delayed or incorrect diagnosis, mistakes or injuries from cosmetic procedures, mistakes made during dental work, injuries sustained from surgery or the performance of incorrect surgery, birth injuries, etc. The merit of a claim is assessed on a case-by-case basis, as each case can be unique.

How to make a medical negligence compensation claim?

A medical negligence claim is made by an individual against the medical practitioner responsible for an injury that has caused harm during treatment.

The first step in making a medical negligence claim is discerning whether or not you are eligible to make a claim. Questions to ask yourself include: Were you injured while being treated by a medical practitioner? Was the injury caused by negligence? Have you suffered any economic loss and/or pain and suffering due to the injury? If you answered ‘yes’ to these questions, then you may be eligible to make a medical negligence claim, in which case you should contact a personal injury lawyer to discuss your case. 

To help your personal injury lawyers understand your case you should gather as much evidence of your injury as possible, including details of your medical treatment and the negligent incident, the assessment of your injury as a result of the negligent incident, proof of economic loss (records of time taken off work, doctors certificates, receipts for treatment, etc.), and identify the practitioner responsible for your injury. Using this information, your legal team can make an assessment on the potential outcome of your case if you were to pursue compensation and the next steps.

What are some common medical negligence compensation cases?

The most common cases of medical negligence can involve:

  • Medical misdiagnosis
  • Failure to diagnose a condition
  • Delay in treatment
  • Failure to competently perform surgery
  • Surgery contraindicated
  • Prescription error
  • Birth injuries to mother and/or child

The role of a medical negligence lawyer will handle all aspects of your compensation claim for you. The team will engage with both medical law and other experts, collect reports regarding medical records and your treatment, and any other evidence needed to support your medical negligence case. 

Working with a legal professional with extensive experience in compensation law means you will have sound legal advice to seek compensation.

There are a myriad of factors that influence how long a medical negligence claim will take to resolve. The more complex or involved the case, the longer it can take to resolve.

If you win your medical negligence claim, your legal costs will mostly be paid by the defendant (this could be the specific medical practitioner or the institution the medical practitioner/s are employed by). It is also standard to pay some of the costs for legal fees out of your compensation settlement.

In the vast majority of cases, medical negligence claims do not go to court. These cases are usually settled with the insurers and medical providers before there is a need to go to court. It is standard to offer a lump sum to the individual/s making the claim, in exchange, the individual/s agree not to sue.


Get in touch with our Personal Injury Compensation team

Our Personal Injury Lawyers

Managing Director

Public Notary Specialist Accredited in Personal Injury Law

Senior Associate

Personal Injury Law

Senior Associate

Personal Injury Law


Personal Injury Law

Gabrielle Croese


Personal Injury Law

More about Medical Negligence Compensation


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Personal injury laws differ from state to state, if you are not in NSW, please contact your relevant state Law society for further assistance.