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Medical Negligence Lawyers
Our Comprehensive Approach To Medical Negligence Will Get A Result That Exceeds Your Expectations.
We all place a lot of faith in healthcare providers when we’re sick or injured, or when a friend or family member has to go under the knife.
So when medical treatment doesn’t go according to plan it can be traumatic, if not overwhelming. While medical negligence may not play a part in a poor outcome, if an error has been made and an accepted standard of care breached you could be entitled to claim compensation.
As one of the most challenging areas of compensation law, medical negligence claims require expert knowledge and the backing of a team that offers experience and a lot of determination.
At Henry Carus + Associates our focus in these cases is on trying to prove that a health provider – be it a doctor, specialist or hospital – has not done the right thing in respect of their medical treatment of a client. Of course we can’t fix the medical error, but what we can do is seek a successful compensation outcome for the person whose life has been affected.
In many ways a medical negligence claim follows the same process as a public liability claim. But with one major difference. It all comes down to understanding the medical evidence and getting the right expert medical evidence to support the claim.
What Makes A Medical Negligence Claim?
Medical treatment is supposed to improve a patient’s health, but in some cases the opposite happens. Although not every negative medical outcome is a result of medical negligence, some are.
Medical professionals – doctors, nurses, psychiatrists, dentists, surgeons, pharmacists and others, as well as the hospitals, clinics and practices that employ them – owe their patients a duty to provide care that meets the standards of the profession.
When a medical provider makes an error in treatment that falls short of the accepted standard of care and a patient suffers harm because of it, this may amount to medical negligence.
Healthcare providers are not expected to be perfect, and all medical procedures carry a certain degree of risk. Medical negligence goes beyond that. Medical negligence occurs when a provider does something – or fails to do something – that is outside the range of acceptable practices and results in serious patient harm.
Due to the complexity of these matters, it is crucial that you work with a law firm that has experience with medical negligence claims and access to medical experts who can review your records for indications of substandard care and resulting harm.
Even though all instances of complications or mistakes do not rise to the level of medical negligence, it is never wrong to question an unexpected outcome from a procedure. The experienced Melbourne medical compensation lawyers on the legal team at Henry Carus + Associates are prepared to review the facts of your case and provide you with advice about your potential legal options for recovering compensation.
Has a Medical Error Left You Worse Off Than Before?
You put your trust in a doctor, surgeon, or hospital, and something went wrong. Now you’re dealing with pain, complications, unanswered questions, and a system that can feel impossible to navigate on your own. Whether a diagnosis was missed, a procedure went badly, or you weren’t properly informed about the risks, what happened to you matters. And if a healthcare provider’s failure to meet an acceptable standard of care caused your harm, you may have a right to compensation.
A specialist clinical negligence lawyer can help you understand whether what happened constitutes medical negligence, gather the expert evidence needed to support your claim, and pursue the maximum compensation you’re entitled to. You focus on your recovery. We’ll handle the rest.
Examples of Medical Negligence
Our Locations
Our Melbourne-based medical negligence lawyers proudly assist patients who have suffered avoidable harm due to healthcare errors or substandard treatment. With a central office on Bourke Street in the CBD, we offer easy access to skilled malpractice medical lawyers for clients across Melbourne.
To better serve the community, we also have offices located throughout Melbourne, including:
- Altona
- Camberwell
- Bundoora
- Ringwood
- Chadstone
- Narre Warren
- Scoresby
- Richmond
- Frankston
- Sunshine
Outside Melbourne? We believe every person deserves access to justice, regardless of location. We provide legal advice and case management to regional Victorians through phone consultations and secure online meetings.
Meet Our Team of Medical Negligence Lawyers in Melbourne
Our specialist clinical negligence lawyers draw on decades of combined experience handling medical negligence and medical malpractice cases, including surgical errors, delayed diagnosis, birth trauma, medication mistakes, and negligent medical care. Our consistent track record of successful outcomes reflects our commitment to pursuing accountability and fair compensation for injured patients.
Our diverse team of medical mistake lawyers speaks more than 14 languages, and professional interpreter services are available upon request. From the initial consultation through to resolution, you will receive a dedicated legal team that provides personalised support, transparent updates, and strategic legal representation designed around your needs.
Henry Carus
Principal
Dino Beslagic
Senior Associate
Michael Constable
Senior Associate
David Halhead
Senior Associate
Ryan Moran
Associate
Benjamin Pretty
Associate
Ana Keres
Lawyer
Struan Jansen
Lawyer
Finn opt Hoog
Lawyer
Amy Yang
Angus Dowling
Lawyer
How To File a Medical Negligence Claim
1. Seek Medical Attention
If you are experiencing complications, see a healthcare provider — ideally one who is not involved in your original treatment. Your ongoing care comes first.
2. Contact Henry Carus and Associates For a Free Consultation
Speak with one of our medical negligence lawyers in Melbourne at no cost and with no obligation. We’ll listen to what happened, assess your situation honestly, and advise you on whether you have a viable claim.
3. Gather Your Medical Records
We’ll help you request your complete records, including treatment notes, diagnostic results, discharge summaries, and prescriptions. These documents form the foundation of your case.
4. Document Your Experience
Keep a written account of your symptoms, the timeline of events, any advice you were given, and how your health has changed. Photographs, receipts, and witness details are also valuable.
5. Independent Expert Review
Your dedicated medical malpractice lawyer will engage qualified medical experts to assess whether the standard of care was breached and how that caused your harm. In medical negligence cases, this expert evidence is critical.
6. Lodging and Pursuing Your Claim
Once we have the evidence, we manage all communications with insurers, healthcare providers, and courts on your behalf. Most claims resolve through negotiation or mediation, but if needed, we are fully prepared to take your case to trial.
Your Entitlements
If you experienced harm due to medical negligence, you may be eligible for compensation to support your recovery and future well-being. Our specialist medical and hospital negligence lawyers will advise you on your entitlement options, which may include:
- Emergency and follow-up medical treatment
- Hospital stays and surgical costs
- Specialist consultations and second opinions
- Diagnostic tests such as MRIs, ultrasounds, or CT scans
- Prescription medication expenses
- In-home nursing and attendant care
- Rehabilitation and therapy services
- Mobility devices or medical aids (e.g., crutches, braces, compression garments)
- Replacement of personal medical aids damaged or lost (e.g., glasses, dentures, hearing devices)
- Domestic support such as cleaning, meal help, and gardening
- Transport to medical appointments and treatment centres
- Psychological support and counselling services
In Victoria, medical negligence claims must generally be brought within 3 years of the date of injury under the Limitation of Actions Act (1958) Vic. Extensions may apply in certain circumstances, but don’t delay — contact us as soon as possible.
The Gold Standard in Medical Negligence Lawyers
At Henry Carus and Associates, our specialist medical negligence and hospital malpractice lawyers have decades of combined experience across personal injury law including surgical errors, delayed diagnosis, birth trauma, medication mistakes, and catastrophic injury claims. More than 98% of our clients have achieved successful outcomes — with some recovering up to five times the initial compensation offered.
Recognised as an Australia and New Zealand Top Specialist Firm for 2025, our team speaks more than 14 languages, and professional interpreter services are available upon request. We handle all medical negligence matters on a No Win, No Fee basis.
What Compensation Can You Claim?
If your claim is successful, our negligence medical lawyers will advise on what applies to your situation. Compensation may cover:
- Current and future medical treatment, including specialist consultations and surgery
- Hospital stays, rehabilitation, and therapy services
- Prescription medications and medical aids such as mobility devices, hearing aids, and glasses
- In-home nursing, attendant care, and domestic assistance
- Loss of income and diminished earning capacity
- Pain, suffering, and loss of enjoyment of life
- Psychological counselling and mental health support
- Transport costs to and from medical appointments
To recover compensation for non-economic loss such as pain and suffering, your injuries must meet the significant injury threshold defined under the Wrongs Act (1958) Vic — typically 5% or more permanent impairment for most physical injuries, or 10% or more for psychiatric injuries. We will assess your eligibility as part of your free initial consultation.
Who Can Be Held Responsible?
Many people assume only their treating doctor can be held liable. In reality, multiple parties may share responsibility. Our attorneys for medical negligence and hospital malpractice lawyers will investigate all liable parties, which may include:
- General practitioners (GPs) and specialist doctors
- Surgeons and anaesthesiologists
- Nurses and allied health professionals
- Dentists and pharmacists
- Paramedics and ambulance services
- Public and private hospitals, clinics, and health services
- Laboratory workers and diagnostic facilities
Identifying the full scope of liability is one of the most important aspects of any medical negligence case. Our medical mistake lawyers conduct a thorough review of your records to ensure no source of negligence is overlooked.
We’re Here for More Than Just Medical Negligence
Our Melbourne medical lawyers support clients across a wide range of compensation claims. If your situation involves another area of law, our broader team can help:
Comprehensive Legal Help for Every Type of Claim
Our Melbourne medical lawyers are here to guide you through a wide range of claims. Whether you’re dealing with botched surgery, birth injury claims, or any other harm, our highly trained medical and hospital malpractice lawyers are ready to advocate for you.
Beyond personal injury claims, we also provide support for a range of other injury claims. Our team of specialists includes:
Benefits Available To Victorian Medical Negligence Victims
Victims of medical negligence in Victoria may be entitled to recover compensation for a range of losses, such as:
- Payment of medical bills and other expenses related to the treatment of the injury caused by the medical negligence, both past and future
- Replacement of lost wages due to the injury, both past and future
- Payment for assistive devices like wheelchairs and prosthetics, and modifications to the home and vehicle made necessary by the injury caused by medical negligence
- Payment of the cost to hire in-home assistance such as nurses, gardeners, and cooks
- Compensation for reduced life expectancy
- Compensation for pain, suffering, and emotional distress
In most cases, compensation for losses due to medical negligence will be paid by the responsible party’s Professional Indemnity Insurance (PII).
Why Choose Henry Carus + Associates?
At Henry Carus + Associates, we are all about detail. And under the leadership of our highly experienced lawyer, our medical negligence claims usually involve the following:
- Collating of all relevant medical histories and records.
- Documenting of all relevant events over time.
- Focusing on the perceived errors that the claim is based on.
- Locating appropriate experts to comment on the medical evidence.
- Countering any defence arguments to the contrary.
At Henry Carus + Associates, we won’t stop until we’ve won. The results of our dedication and hard work are easy to see in the outcomes of our clients’ cases. More than 98% of our clients have found success on their claims – with some recovering as much as five times the compensation that was initially offered.
Our firm handles medical negligence claims on a No Win, No Fee basis. That means you owe us nothing for our legal services unless we recover compensation on your behalf. Our consultations are completely free and totally confidential.
Frequently Asked Questions About Medical Negligence Claims
You have a potential claim if you can prove: (1) the healthcare provider owed you a duty of care, (2) they breached that duty by falling below accepted medical standards, (3) the breach caused your injury, and (4) you suffered measurable harm or loss. For pain and suffering compensation in Victoria, your injury must meet the “significant injury threshold”: greater than 5% whole person impairment for physical injuries or greater than 10% for psychological injuries.
While not legally required, hiring a specialist medical negligence lawyer is highly recommended. Medical negligence cases are complex, requiring detailed expert medical evidence to prove breach of duty and causation. Most lawyers offer free initial consultations and no-win no-fee arrangements that cover all costs, including expert reports, so there’s no financial barrier to professional representation.
Yes, you can claim compensation if cosmetic or plastic surgery was performed negligently, regardless of whether the surgeon was qualified. However, you cannot claim simply because you’re unhappy with aesthetic results. You must prove the same elements as any medical negligence claim: duty of care, breach of that duty, causation, and damages resulting from substandard treatment.
With a proper no-win no-fee arrangement, your clinical negligence lawyer covers all upfront costs, including medical records, expert reports, and independent medical assessments, which typically cost thousands of dollars. However, some lawyers’ no-win no-fee agreements only cover professional fees but not disbursements. Check the fee structure with your lawyer before proceeding.
There’s no fixed average as each case is unique. Medical negligence compensation in Victoria ranges from $50,000 to millions of dollars, with most successful claims settling between $100,000-$500,000. Payouts depend on injury severity, long-term impact on quality of life, lost income, medical expenses, and care needs. Victoria’s Wrongs Act 1958 caps non-economic loss compensation at $577,050.
Complaints to the Health Complaints Commissioner or AHPRA are free, focus on investigating practitioner conduct and patient safety, and can result in disciplinary action, but don’t provide financial compensation. Legal claims for compensation are pursued through courts, require proving negligence caused measurable injury and loss, and seek financial damages for medical expenses, lost income, and pain and suffering. You can pursue both simultaneously without waiting.
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