Medical Negligence
WHEN MEDICAL CARE FAILS YOU
Overview
When medical care falls short, the effects can be devastating. Trust is broken, health is compromised, and life can change in an instant.
Medical negligence happens when a doctor, nurse or hospital fails to meet the standard of care expected, and their mistake causes harm, injury or loss.
At Margalit Lawyers, we know how personal these cases are. Behind every claim is a person trying to make sense of what happened and find a way forward. We’ll help you do that with compassion, clarity and determination.
Our ‘no win, no fee’ approach means you can focus on your recovery while we handle the legal complexities and help you get the compensation you deserve.
Types of claims
We assist with a wide range of medical negligence claims, including:
Misdiagnosis or delayed diagnosis
When an illness or condition is not diagnosed correctly or on time and leads to a delay in treatment or a worse outcome.
Surgical errors
Mistakes during surgery, such as operating on the wrong area, leaving instruments inside the body, or causing avoidable complications.
Birth injuries
Negligence during pregnancy, labour, or delivery that causes injury to the mother or baby.
Medication or prescription errors
Incorrect medication, dosage, or administration that results in harm.
Hospital and emergency care errors
Inadequate monitoring, improper management of infections, or poor post-operative care that leads to further injury or illness.
Every situation is unique. If you’re unsure whether what happened to you counts as medical negligence, we can review your circumstances and explain your options clearly.
Our first consultation is completely free, and there’s no obligation to proceed with us.
What can I claim?
Depending on your situation, you may be entitled to claim compensation for:
- Pain, suffering, and loss of enjoyment of life
- Past and future medical and care expenses
- Lost income or loss of earning capacity
- Rehabilitation and support services
- Out-of-pocket expenses
We’ll help you understand what you can claim and pursue the maximum compensation available under the law.
Start your enquiry
If you've experienced a medical injury, you deserve to be heard and supported. Fill in your details and our lawyers will reach out at a time that suits you.
Frequently asked questions
Do I have to go to court?
To be successful in a medical negligence claim court proceedings generally need to be issued. This may mean you have to go to court, but as part of the litigation process you will have a chance to participate in a mediation which is an opportunity to resolve your claim without having to go to trial. If a trial is required, our experienced lawyers will guide and represent you every step of the way.
How can I make a complaint?
You can make a complaint to the Health Complaints Commissioner. The Health Complaints Commission is an independent and impartial office which can help resolve complaints about health services in Victoria. After you lodge a complaint with the HCC, they will let you know whether they can assist you in resolving your complaint and reaching a resolution with the provider.
If your complaint is about an individual practitioner, you can make a complaint to the Australian Health Practitioner Regulation Agency (AHPRA). AHPRA is the body responsible for registering and regulating health practitioners in Australia.
How much will it cost?
We act on a ‘no win-no fee’ basis, meaning you will typically not pay any of our legal fees unless your case succeeds. You pay nothing at all, in the unlikely event we don’t succeed.
How can a lawyer help me?
Medical negligence claims are complex. The other side will have lawyers, insurers and experts protecting their interests. You deserve someone equally skilled on yours.
At Margalit Lawyers, you’ll be represented by experienced lawyers who specialise in medical injury cases. Our experts understand the technical details, the medical language, and the evidence needed to prove negligence and help you obtain the maximum compensation.
Working with specialists from the beginning allows them to build your case from the ground up: obtaining hospital and health records, engaging experts to provide reports, and advocating on your behalf with the people and organisations involved.
Engaging a lawyer who will handle the legal and technical work allows you to focus on your recovery.
Is there a time limit to make a medical negligence claim?
Yes. In most cases, there is a three-year time limit to make a medical negligence claim, starting from when the injury occurred or when you first became aware of it.
If you’ve missed this deadline, you might still be able to make a claim. In some situations, a court can grant an extension of time.
The most important thing is not to delay. Contact us as soon as possible so we can assess your situation and protect your right to claim.
How do I know if I am eligible to make a claim?
If you’ve become aware in the last three years that you have suffered harm, loss, or injury due to substandard medical care, you may be eligible.
Even if you’re unsure, we can assess your situation and confirm your options in a free initial consultation.
Why Margalit?
Having the right legal team can make a huge difference in your claim.
- Specialist expertise in medical negligence and personal injury law
- You can speak directly to a lawyer, no delays
- ‘No win, no fee’ approach means you don’t pay our legal fees unless we win
- Expect plainspoken, transparent advice, we’ll tell you the truth, clearly and without jargon
- Support wherever you are– we can meet in person, by phone, or online
CALL NOW FOR A FREE
CONFIDENTIAL CONSULTATION
Call 03 9133 0288