TOP 10LAWYERS

Top 10 Medical Negligence Lawyers in Melbourne

Ten Melbourne medical negligence firms, with who leads each team, which lawyers are accredited specialists, and how they take on claims.

Google ratings checked 24 October 2026 Updated 24 October 2026

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Grouped by what each firm publishes about its own work. Most firms on this list handle all common medical negligence law matters.

The Top 10 Medical Negligence Lawyers in Melbourne

Ten medical negligence law firms in Melbourne, with their experience, accredited specialists, Google ratings and what each one suits.

Maurice Blackburn Lawyers

La Trobe Street, Melbourne CBD, plus 11 other Victorian officesPlaintiff firm with a dedicated medical injury practice

4.6

499 Google reviews

Checked 24 October 2026

Best for Patients and families with serious injuries from misdiagnosis, surgery or birth trauma

  • The firm says its medical negligence practice was set up in 1991.
  • Its Melbourne medical injury page names three principal lawyers: Gabrielle Feery, Samuel Pearce and Tom Ballantyne.
  • Feery's profile lists her as a Law Institute of Victoria accredited personal injury specialist with more than a decade in the field.

Accredited personal injury law specialist (1)Gabrielle Feery

First consultation
Free initial consultation, with home or hospital visits available. No win, no fee, and the firm says it sets out other likely costs, such as medical reports and court fees, at the start.
Office
Level 21, 380 La Trobe Street, Melbourne VIC 3000
Full profile: lawyers, services and sources

About the firm

Maurice Blackburn is one of the country's best known plaintiff firms, and the firm says its medical negligence practice has run since 1991. In Melbourne the medical injury team is led by principal lawyers Gabrielle Feery, Samuel Pearce and Tom Ballantyne, who is also an executive director. The firm says Feery is an LIV accredited specialist in personal injury law. The team takes on misdiagnosis, surgical errors, medication mistakes and birth injuries. It suits serious, complex claims that need a well resourced firm. The first consultation is free, home or hospital visits are offered, and claims run on a no win, no fee basis.

Medical negligence practice established in 1991, according to the firm

Also worth knowing

  • Free first consultations can be held at home or in hospital.

Lawyers

  • Gabrielle Feery, Principal Lawyer, Medical injury Accredited personal injury law specialist
  • Samuel Pearce, Principal Lawyer, Medical injury
  • Tom Ballantyne, Principal Lawyer and Executive Director, Medical injury
  • Sarah Nassour, Lawyer, Medical injury

Areas of medical negligence law handled

  • Misdiagnosis and delayed diagnosis claims
  • Cancer misdiagnosis claims
  • Surgical negligence claims
  • Medication error claims
  • Birth injury claims, including cerebral palsy and Erb's palsy
  • Failure to treat claims
  • Sepsis claims
  • Heart attack misdiagnosis claims
  • Home and hospital consultations

Office

Level 21, 380 La Trobe Street, Melbourne VIC 3000

Other details

Other offices
Bendigo, Craigieburn, Dandenong, Frankston, Geelong, Mildura, Reservoir, Ringwood, Sunshine, Traralgon and Wangaratta, plus interstate offices

Sources

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Slater and Gordon Lawyers

Collins Street, Melbourne CBD, plus suburban and regional Victorian officesNational plaintiff firm with a medical law team

4.2

221 Google reviews

Checked 24 October 2026

Best for Victorians anywhere in the state with complex hospital or surgical claims

  • Principal lawyer Shari Liby is listed as an LIV accredited personal injury specialist.
  • Her profile says she began practising in 1996 and has worked in medical negligence for 27 years.
  • Doyle's Guide has listed her as a leading plaintiff medical negligence lawyer in Victoria from 2021 to 2026, according to the firm.

Accredited personal injury law specialist (1)Shari Liby

First consultation
Obligation free initial appointment. No win, no fee on professional fees. Out of pocket costs such as records and expert reports may be covered by a funder, the client or sometimes the firm, and are discussed before they are incurred.
Office
Level 35, 530 Collins Street, Melbourne VIC 3000
Full profile: lawyers, services and sources

About the firm

Slater and Gordon is a national plaintiff firm that says it has acted for Australians for more than 90 years. Its Victorian medical law team includes principal lawyer Shari Liby, an LIV accredited personal injury specialist who has worked on medical negligence claims for more than 25 years and once practised as a trial lawyer in the US. The team covers misdiagnosis, surgical and anaesthetic errors, birth injuries, dental claims and faulty medical products. It suits people who want a large firm with regional reach. The first appointment is obligation free, and claims run on a no win, no fee basis.

Practising for more than 90 years, according to the firm

Also worth knowing

  • She visits Ballarat, Bendigo, Melton, Shepparton and Werribee as well as working from Melbourne.

Lawyers

The firm's Melbourne medical negligence page doesn't name its lawyers; these come from individual profiles.

  • Shari Liby, Principal Lawyer, Medical Law Accredited personal injury law specialist
  • Emma Clark, Lawyer, Medical Law (Dandenong, also visits Epping and Ringwood)

Areas of medical negligence law handled

  • Misdiagnosis and delayed diagnosis claims
  • Surgical error claims
  • Anaesthesia error claims
  • Birth injury, stillbirth and neonatal death claims
  • Cerebral palsy claims
  • Dental negligence claims
  • Failure to refer claims
  • Defective medical product claims
  • Medication error claims
  • Overseas medical treatment claims

Office

Level 35, 530 Collins Street, Melbourne VIC 3000

Other details

Other offices
Dandenong, Epping and Ringwood among other Victorian offices, plus interstate

Sources

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Polaris Lawyers

Lonsdale Street, Melbourne CBDPersonal injury boutique

4.9

153 Google reviews

Checked 18 October 2026

Best for Patients hurt by surgery, a GP or allied health treatment who want a specialist led boutique

  • Founder Nick Mann is a former leader of Slater and Gordon's medical negligence department, according to the firm.
  • Mann is listed as an LIV accredited personal injury specialist.
  • The firm reports a County Court verdict in May 2026 for a patient who became septic after gastric bypass surgery.

Accredited personal injury law specialist (1)Nick Mann

First consultation
Free first appointment, where the firm explains its no win, no fee arrangement. The firm says there are no hidden fees.
Office
Level 11, 456 Lonsdale Street, Melbourne VIC 3000
Full profile: lawyers, services and sources

About the firm

Polaris is a Melbourne injury boutique founded by Nick Mann, who led Slater and Gordon's medical negligence department before starting the firm. The firm says he is an LIV accredited personal injury specialist. The firm publishes write ups of its own medical negligence results, including a County Court verdict in May 2026 over sepsis after gastric bypass surgery and a win against a chiropractor. It also takes claims against physiotherapists, osteopaths and pharmacies. It suits people who want a smaller firm run by a medical negligence specialist. The first appointment is free and claims run on a no win, no fee basis.

Also worth knowing

  • It has also written up a medical negligence case it won against a chiropractor.

Lawyers

The site doesn't say which lawyers run medical negligence files; Ariella Stephenson is named in a medical negligence client review.

  • Nick Mann, Founder and Principal Accredited personal injury law specialist
  • Megan Caines, Managing Director and Principal
  • Alice Robinson, Principal and Director
  • Divina Moodley, Principal and Director
  • Hamish Kelly, Senior Associate Lawyer
  • Ariella Stephenson, Associate Lawyer

Areas of medical negligence law handled

  • Surgical error claims
  • GP misdiagnosis claims
  • Birth trauma claims
  • Delayed cancer and heart attack diagnosis claims
  • Chiropractor, physiotherapist and osteopath injury claims
  • Pharmacy and medication error claims
  • Hospital and emergency department delay claims
  • Dental negligence claims

Office

Level 11, 456 Lonsdale Street, Melbourne VIC 3000

Sources

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Henry Carus + Associates

Bourke Street, Melbourne CBD, plus 16 suburban officesPersonal injury firm

4.4

222 Google reviews

Checked 18 October 2026

Best for Suburban Melbourne patients who want a local office and a named team

  • The medical negligence page names 11 lawyers, led by principal Henry Carus.
  • The firm has a CBD office at 607 Bourke Street and 16 suburban offices.
  • It takes claims against GPs, specialists, nurses, dentists, pharmacists, paramedics, hospitals and laboratories.
First consultation
Free, confidential, no obligation first consultation. No win, no fee for medical negligence claims; the firm says it usually covers upfront costs such as records and expert reports.
Office
Level 3, 607 Bourke St, Melbourne VIC 3000
Full profile: lawyers, services and sources

About the firm

Henry Carus + Associates is a Melbourne injury firm led by principal Henry Carus, with a CBD office on Bourke Street and 16 suburban offices. Its medical negligence page names a team of 11, including three senior associates. The firm covers misdiagnosis of cancer, stroke and heart attack, surgical errors, birth injuries, emergency department failures and botched cosmetic surgery. It suits people in the suburbs who want an office close to home. The first consultation is free and confidential, and the firm says it runs medical negligence claims on a no win, no fee basis.

Also worth knowing

  • The first consultation is free and the firm says claims run on a no win, no fee basis.

Lawyers

  • 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
  • Lauren Rimon, Lawyer
  • Angus Dowling, Lawyer
  • Amy Yang, Team member (no title given)

Areas of medical negligence law handled

  • Cancer, stroke and heart attack misdiagnosis claims
  • Surgical error claims
  • Birth injury claims
  • Medication error claims
  • Emergency department negligence claims
  • Unnecessary surgery claims
  • Cosmetic surgery negligence claims
  • Dental and pharmacy negligence claims
  • Claims against hospitals and laboratories

Office

Level 3, 607 Bourke St, Melbourne VIC 3000

Other details

Other offices
Altona, Blackburn North, Bundoora, Camberwell, Chadstone, Clayton, Frankston, Merrifield (Mickleham), Moonee Ponds, Moorabbin, Narre Warren, Richmond, Ringwood, Scoresby, Sunshine and Williams Landing

Sources

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Shine Lawyers

William Street, Melbourne CBDNational plaintiff firm with a medical negligence team

4.4

153 Google reviews

Checked 24 October 2026

Best for People who want a national firm with a medical negligence team in Melbourne

  • Melbourne staff profiles at 277 William Street list medical negligence as their practice area.
  • The firm's Victorian medical negligence page names 13 people working on these claims.
  • It has a dedicated page on psychiatric care claims against Victorian public hospitals.
First consultation
Obligation free first consultation. No win, no fee, conditions apply.
Office
Level 4, 277 William Street, Melbourne VIC 3000
Full profile: lawyers, services and sources

About the firm

Shine Lawyers is a national plaintiff firm with a Melbourne office on William Street and a Victorian medical negligence team. Its Victorian page names more than a dozen people working on these claims, and Melbourne profiles include associate Maryse Andrinopoulos-Tsigolis and senior solicitors Simone Fernandes and Kathlea Tamvakis. The firm covers misdiagnosis, injuries during surgery or procedures, birth injuries and deaths, and has a page on psychiatric care claims against Victorian public hospitals. It suits people who want a national firm. The first consultation carries no obligation and claims are taken on a no win, no fee basis.

Also worth knowing

  • The page features a birth trauma client story.

Lawyers

The Victorian page also names Ann Meakins, Anya Graeff, Ally Jusufi, Selina Stephens, Darcy Walmsley, Ben McCourtie, Amanda Hoyes, Natalie Merunovich, Dionne Franklin, Daniel Opare, Zara O'Sullivan and Yasmin Khsara without roles or offices.

  • Maryse Andrinopoulos-Tsigolis, Associate, Medical negligence
  • Simone Fernandes, Senior Solicitor, Medical negligence
  • Kathlea Tamvakis, Senior Solicitor, Medical negligence

Areas of medical negligence law handled

  • Misdiagnosis and delayed diagnosis claims
  • Surgical and procedure injury claims
  • Birth injury claims
  • Wrongful death claims after medical treatment
  • Psychiatric care claims against Victorian public hospitals
  • Super, insurance and TPD claims linked to medical injury

Office

Level 4, 277 William Street, Melbourne VIC 3000

Other details

Other offices
Geelong mentioned for medical negligence; national offices

Sources

Back to the list

Arnold Thomas & Becker

Lonsdale Street, Melbourne CBD, plus suburban and regional Victorian officesPersonal injury firm

4.4

165 Google reviews

Checked 18 October 2026

Best for Patients anywhere in Victoria, including women in its gynaecology group investigation

  • The firm says it acts for a large number of women in a group investigation involving a Melbourne gynaecologist and hospital.
  • It lists claims against GPs, dentists, specialists, allied health providers and hospitals.
  • Its head office is at 573 to 577 Lonsdale Street, with a second CBD office on Little Lonsdale Street.
First consultation
Free case assessment and no consultation fee for the first call. No win, no fee in most medical negligence cases, and the firm may arrange funding for out of pocket costs.
Office
573 to 577 Lonsdale Street, Melbourne VIC 3000
Full profile: lawyers, services and sources

About the firm

Arnold Thomas & Becker is a large Victorian injury firm with a head office on Lonsdale Street in the CBD and offices across the suburbs and regional Victoria. Its medical negligence team takes claims against GPs, specialists, dentists, allied health providers and hospitals. The firm is running a group investigation involving a Melbourne gynaecologist and hospital with individual or group claims possible. It suits people who want a well known local firm. Case assessments are free and the firm says most medical negligence claims run on a no win, no fee basis.

Also worth knowing

  • Case assessments are free and most medical negligence claims run on a no win, no fee basis.

Areas of medical negligence law handled

  • Anaesthetic error claims
  • Birth injury claims
  • Medication and prescription error claims
  • Surgical error claims
  • Misdiagnosis and delayed diagnosis claims
  • Failure to refer or follow up claims
  • Test result error claims
  • Failure to warn claims
  • Gynaecological treatment group investigation

Office

573 to 577 Lonsdale Street, Melbourne VIC 3000

Other details

Other offices
Level 1, 657 Little Lonsdale Street (Melbourne), Richmond, Werribee, Craigieburn, Ringwood, Dandenong, Frankston, Sunbury, Geelong, Ballarat, Warrnambool and Traralgon, plus Sydney, WA, SA and Tasmania

Sources

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Margalit Injury Lawyers

William Street, Melbourne CBD, plus Bentleigh and SunburyPersonal injury firm

5.0

45 Google reviews

Checked 24 October 2026

Best for Patients who want a named medical negligence lead and offices in the CBD and suburbs

  • Special counsel Julia Weaver leads the firm's medical negligence practice, according to its about page.
  • Managing principal Michel Margalit is listed as an LIV accredited personal injury specialist.
  • The firm has offices in the CBD, Bentleigh and Sunbury.

Accredited personal injury law specialist (1)Michel Margalit

First consultation
Free, no obligation first consultation in person, by phone or online, and the firm will meet clients at home. No win, no fee.
Office
Level 12, 271 William Street, Melbourne VIC 3000
Full profile: lawyers, services and sources

About the firm

Margalit Injury Lawyers is a Melbourne injury firm led by managing principal Michel Margalit, an LIV accredited personal injury specialist according to the firm. Its medical negligence practice is led by special counsel Julia Weaver, with associate Sophie Gawi. The team covers misdiagnosis, surgical errors, birth injuries, medication mistakes and hospital and emergency care errors, and the firm says it is investigating concerns about endometriosis surgery by a Melbourne gynaecologist. It suits people who want a mid sized firm with a named medical team. The first consultation is free, in person, by phone or online, and claims run on a no win, no fee basis.

Also worth knowing

  • The first consultation is free and can be held in person, by phone or online.

Lawyers

  • Julia Weaver, Special Counsel, leads the medical negligence practice
  • Sophie Gawi, Associate
  • Michel Margalit, Managing Principal Accredited personal injury law specialist

Areas of medical negligence law handled

  • Misdiagnosis and delayed diagnosis claims
  • Surgical error claims
  • Birth injury claims
  • Medication and prescription error claims
  • Hospital and emergency care claims
  • Endometriosis surgery investigation
  • Home and online consultations

Office

Level 12, 271 William Street, Melbourne VIC 3000

Other details

Other offices
Bentleigh (392 Centre Road) and Sunbury (84 Oshanassy Street)

Sources

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Carbone Lawyers

King Street, Melbourne CBD, plus six suburban officesPersonal injury firm

4.8

196 Google reviews

Checked 18 October 2026

Best for Families in Melbourne's suburbs, including aged care medication claims

  • The firm has separate pages for surgical, misdiagnosis, childbirth, death and delayed diagnosis claims.
  • It reports a settlement for a man who broke his hip after staff ignored his dizziness after a CT scan.
  • It also reports a settlement for a client whose fracture went undiagnosed.
First consultation
Free claim assessment by phone or online questionnaire. No win, no fee, and the firm says most claims have no upfront fees.
Office
302 King Street, Melbourne VIC 3000
Full profile: lawyers, services and sources

About the firm

Carbone Lawyers is a family led Melbourne injury firm run by managing partner Tony Carbone, with John Karantzis as head of personal injury. Its medical negligence pages cover surgical and anaesthetic errors, misdiagnosis, pregnancy and childbirth, delayed diagnosis and deaths. It also takes claims over medication errors in aged care. The firm describes a settlement for a man who broke his hip after staff ignored his dizziness following a CT scan. It suits people across Melbourne's suburbs. The claim assessment is free, by phone or online, and the firm works on a no win, no fee basis.

Also worth knowing

  • It takes claims over medication errors by aged care workers as well as against hospitals.

Lawyers

The site doesn't say which lawyers handle medical negligence matters.

  • Tony Carbone, Managing Partner
  • John Karantzis, Partner, Head of Personal Injury

Areas of medical negligence law handled

  • Surgical and anaesthesia error claims
  • Medical misdiagnosis claims
  • Pregnancy and childbirth claims
  • Medical negligence death claims
  • Delayed diagnosis claims
  • Medication error claims, including in aged care
  • Post operative care claims
  • Cosmetic surgery claims
  • Hospital infection claims

Office

302 King Street, Melbourne VIC 3000

Other details

Other offices
Bentleigh East, Dandenong, Essendon, Reservoir, Ringwood and Werribee

Sources

Back to the list

Firm details come from each firm's own website. Google ratings are shown as published on Google and don't set the order. Spotted something out of date? Tell us.

Not sure which firm suits you?

Tell us a little about your matter and we'll put you in touch with a Melbourne medical negligence lawyer. It's free and there's no obligation.

How we compiled this list

We include firms with a Melbourne office that run medical negligence claims as a real part of their injury practice, with a page or team for this work. For each firm we read its own website in October 2026 and wrote the description ourselves. Where a firm says a lawyer is an LIV accredited specialist in personal injury law we say so, and you can check with the LIV. Consultation and no win, no fee terms are as the firm describes them, so confirm them in your costs agreement. We don't publish settlement amounts or name doctors or hospitals from firms' case lists. We show Google ratings with the date we checked them.

Firms can pay for a featured listing on some of our pages, which affects where they appear. No firm on this page pays. Payment doesn't buy the write-up. We write those ourselves, and firms don't get to edit them. If something here is out of date, let us know. There's more detail on how we rank law firms.

This page is general information, not legal advice. Rules and amounts are as published by Victorian legislation, the Health Complaints Commissioner, Ahpra and the Coroners Court of Victoria in October 2026.

What counts as medical negligence

Not every bad result is negligence. Surgery can fail, drugs can have side effects and some conditions are hard to spot even with good care. To claim compensation you generally need to show three things: the doctor, hospital or other provider owed you a duty of care, the care you got fell below the standard expected, and that failure caused you harm you wouldn't otherwise have suffered.

The claims the firms on this list take on include:

  • Misdiagnosis or delayed diagnosis: cancer, stroke, heart attack, sepsis and fractures that were missed or picked up too late
  • Surgical and anaesthetic errors: mistakes during an operation, poor follow up care and infections that weren't treated
  • Medication errors: the wrong drug or dose, from a GP, hospital, pharmacy or aged care home
  • Birth injuries: harm to a baby or mother before, during or soon after birth
  • Failure to warn: not telling you about the risks of a treatment before you agreed to it

How the standard of care is judged

The question isn't whether a better outcome was possible. It's whether the care was reasonable. Victoria's Wrongs Act has its own rules on how the standard is set for professionals, and they give weight to what others in the same field accept as competent practice. In practice, almost every claim turns on independent reports from experts in the same specialty. Causation is often the hardest part, because you have to show it was the error, not your underlying illness, that caused the harm.

Victorian public health services are insured for medical indemnity by the Victorian Managed Insurance Authority (VMIA), the state government's insurer. The cover includes their employees, and some contracted doctors when they treat public patients. A doctor who treats you as a private patient in their own private practice usually has their own insurer.

What you can claim and the significant injury threshold

A successful claim can cover pain and suffering, past and future lost earnings, medical and rehabilitation costs, and the cost of care. To get damages for pain and suffering under the Wrongs Act, your injury must be a significant injury:

Type of injurySignificant injury threshold
Physical injuryMore than 5% whole person impairment
Spinal injury5% or more
Psychiatric injury10% or more
Loss of a foetus, loss of a breast, or psychiatric injury from the loss of a child because of an injury to the mother, foetus or child before, during or immediately after birthTreated as significant without an assessment

Other injuries need an impairment assessment by an approved medical practitioner, although the other side can waive it. The other side can also refer the threshold question to a Medical Panel.

A few limits apply to the rest of the claim. Lost earnings are calculated on no more than three times average weekly earnings. Damages for unpaid care from family or friends are limited: the Wrongs Act sets minimums of 6 hours a week and 6 months, so short or occasional help usually isn't covered. Damages for pain and suffering are also capped, and the cap is indexed each 1 July.

Time limits for medical negligence claims in Victoria

StepTime limit
Starting a court claimGenerally 3 years from when you knew, or ought to have known, that you were injured, that someone's fault caused it and that it was serious enough to justify a claim, with a 12 year outer limit from the date of the negligent act
Children under 18 and people with a disabilityGenerally 6 years from when the injury is discoverable, with a 12 year long stop
Complaint to the Health Complaints CommissionerMay be declined if made more than 12 months after the incident without a good reason for the delay
Private provider answering a records requestUp to 45 days

With a missed diagnosis, the clock often starts when you learn that something went wrong, not on the day of the appointment. Courts can extend some time limits, but don't rely on it. Don't assume a complaint to the Health Complaints Commissioner or Ahpra pauses the time limit for a claim either.

Smaller claims up to $100,000 can go to the Magistrates' Court, while the County Court and Supreme Court have no limit.

A complaint or a claim: the Health Complaints Commissioner and Ahpra

A complaint and a compensation claim are different things, and you can do both. A complaint is about getting answers or changing practice. A claim is about money for your losses.

OptionWhat it doesContact
Raise it with the providerOften the quickest way to get an explanation. The Health Complaints Commissioner asks you to try this firstThe clinic or hospital
Health Complaints CommissionerA free, impartial and voluntary process for complaints about registered and unregistered providers, and an alternative to legal proceedings. Outcomes can include an explanation, an apology, a refund or compensation, access to treatment or records, and a change in practice1300 582 113
AhpraLooks into concerns about the safety or conduct of registered practitioners such as doctors and nurses. It regulates individual practitioners, not hospitals or clinics1300 419 495
Compensation claimA negotiated settlement or court case under the Wrongs Act, usually run by a lawyerA lawyer on this list, or the LIV referral service

Outcomes such as an apology, a refund or compensation depend on the provider agreeing to them. The Commissioner can also investigate, and can ban unregistered providers from practising. Conciliation discussions there are confidential and can't be used in any later court case. The Commissioner may refer professional conduct issues to Ahpra. For complaints about fees, access to records or poor service, Ahpra tells you to go to the Health Complaints Commissioner. Ahpra also says crimes such as sexual assault should also be reported to police.

Getting your medical records

  • Private hospitals, GPs and other private providers: you have a right of access under the Health Records Act 2001. You may be asked to put the request in writing, and the provider has up to 45 days to respond
  • Fees: capped by regulation. For 2026 to 27, copies cost up to 20 cents an A4 black and white page and supervised inspection up to $20.70 a half hour
  • Public hospitals: records are released under the Freedom of Information Act 1982 (Vic), so make an FOI request to the hospital
  • If you're refused: the provider must explain why in writing, and you can complain to the Health Complaints Commissioner

When a patient dies: the coroner and family claims

A death must be reported to the coroner if the person died unexpectedly during or after a medical procedure that a doctor wouldn't have expected to result in death. Not every reported death leads to an inquest. An inquest is mandatory only in some cases, such as a death in custody or care that wasn't from natural causes.

  • Asking for an inquest: families can request one on Form 26 after checking the status of the investigation with the Coroners Court. The coroner replies in writing
  • If the coroner says no: you can appeal to the Supreme Court
  • What the coroner won't do: make findings of guilt or apportion blame. Compensation is a separate claim

Under the Wrongs Act, anyone who was wholly, mainly or partly financially dependent on the person can be compensated for that loss. The claim is usually brought by the executor or administrator on the dependants' behalf. Separately, a close family member, or someone who saw what happened, may be able to claim for their own psychiatric injury. To get the person's records, the executor (once probate is granted) or administrator can ask a private provider, and next of kin have rights under freedom of information for public hospital records.

Choosing a Melbourne medical negligence lawyer

Medical claims are expensive to investigate, because they need records and expert reports before a firm can say whether you have a case. Look for a lawyer who does this work every week, not one who takes the odd medical file.

  • Accredited specialists: an LIV accredited specialist in personal injury law has passed extra assessment through the Law Institute of Victoria. It isn't required to practise, but it's a sign of depth. On this list, Maurice Blackburn, Slater and Gordon, Polaris and Margalit name one
  • Who runs your file: ask which lawyer will handle it day to day and how many claims like yours they've run
  • Expert reports: ask who pays for them while the claim is running

Costs

  • Costs disclosure: if your legal costs are likely to be more than $750, your lawyer must tell you in writing how they'll charge
  • No win, no fee agreements: must be in writing, in plain language, and set out what counts as success. You may still have to pay disbursements such as medical reports
  • Uplift fees: allowed only where your lawyer thinks your prospects are good, capped at 25% of legal costs, not counting disbursements

Free help

There isn't much. Victoria Legal Aid doesn't advise on personal injury claims, including medical negligence, and we didn't find a Melbourne community legal centre that takes these cases.

  • LIV Find Your Lawyer Referral Service: a free 30 minute first interview with a referred firm. The LIV's main number is (03) 9607 9311
  • Health Complaints Commissioner: 1300 582 113, a free complaints process, not legal advice

Melbourne medical negligence law: common questions

How long do I have to make a medical negligence claim in Victoria?

Generally 3 years from when you knew, or ought to have known, that you were injured, that someone's fault caused it and that it was serious enough to justify a claim, with a 12 year outer limit from the date of the negligent act. Children under 18 and people with a disability generally have 6 years from when the injury is discoverable. Courts can extend some limits, but get advice well before the deadline.

Is a bad outcome the same as medical negligence?

No. Treatment can go wrong even when it's done properly. You need to show the care fell below the standard expected of a reasonable practitioner and that this, rather than your illness, caused the harm. Expert reports usually decide both questions.

What is a significant injury?

It's the threshold for damages for pain and suffering under the Wrongs Act: more than 5% whole person impairment for a physical injury, 5% or more for a spinal injury and 10% or more for a psychiatric injury. Loss of a foetus, loss of a breast and psychiatric injury from the loss of a child because of an injury to the mother, foetus or child before, during or immediately after birth count without an assessment.

Can the Health Complaints Commissioner get me compensation?

It can help you and the provider reach an outcome, which may include a refund or compensation, but only if the provider agrees. It isn't a court and doesn't replace a claim. It may decline complaints made more than 12 months after the incident without a good reason.

Should I report a doctor to Ahpra?

If you're worried about a registered practitioner's safety or conduct, yes, on 1300 419 495 or online. Ahpra deals with individual practitioners, not hospitals or clinics. Complaints about fees, records or poor service go to the Health Complaints Commissioner.

How do I get my hospital records?

For a public hospital, make a freedom of information request. For a private hospital, GP or other private provider, ask under the Health Records Act 2001. Private providers have up to 45 days to respond and their fees are capped. Your lawyer can also request the records for you.

What does no win, no fee mean for a medical negligence claim?

You pay the lawyer's professional fees only if the claim succeeds, on the terms in a written agreement. You may still pay disbursements such as expert reports, which can be large in a medical claim, so ask who funds them along the way.

General information only, not legal advice.

Related pages

Sources for the legal information on this page