Areas of Practice

Medical Negligence

Are you entitled to compensation for your medical negligence?

If you have suffered an injury or illness or you are a dependent of someone who has died as a result of an injury or illness caused by the negligence of a medical practitioner, a hospital or any other provider of health related services, you may be entitled to compensation.  There are strict time limits that apply to this type of claim.  At Andersons, we can provide you with the right information and assist you with any claims process.

For any assistance or advice about medical negligence entitlements or to speak with a medical negligence lawyer, contact a member of the Andersons personal injury law team.

For more detailed information about the various medical negligence entitlements, select from:

What is Medical Negligence?

When a medical practitioner provides treatment that is sub-standard and the effects of such treatment results in exacerbation of the original injury or new injuries or complications, you may be entitled to sue at common law and this type of claim is called a medical negligence claim.

There is a range of medical practitioners that may be subject to these laws, including but not limited to GP's, hospitals, physiotherapists, chiropractors and dentists.

It is important to note that given the complexity of medical treatment, on occasion things don't go the way you expected; this does not necessarily mean there was negligence involved.  In order to determine if there was medical negligence or a medical mishap, you should seek professional advice from Andersons.  You can contact any one of our offices across metropolitan Adelaide and regional South Australia.

How long do I have to make a medical negligence claim after the injury?

In South Australia, there is a time limit of three years to make a claim or issue proceedings in Court, for medical negligence.  If you fail to commence an action within the three year period, your claim will become 'time barred' and you will only be able to claim compensation for your injuries if the Court orders an extension of time to commence an action.

If you are under the age of 18 years at the time of the injury, a parent or guardian may instruct a solicitor to start proceedings on your behalf and in those circumstances, the three year time limit does not start until you turn 18 years old.

It's important that you seek legal advice from a solicitor experienced in medical negligence claims.  You can contact Andersons at any one of our offices across metropolitan Adelaide and regional South Australia.

What might I be entitled to in my medical negligence claim in South Australia?

Compensation for medical negligence in South Australia may be payable if you have suffered physical, psychological or financial harm as a result of medically negligent treatment by a medical practitioner.

Time limits apply to a common law claim for medical negligence so it is important to act as soon as you think you may be entitled to compensation. 

You may be entitled to:

  • Lump sum payments for pain and suffering if the injury is significant
  • Loss of wages
  • Medical expenses
  • Domestic and other care services

Call Andersons for advice or to arrange an appointment at any one of our metropolitan Adelaide or regional South Australia offices