At Mellor Olsson Lawyers, we understand the profound impact that medical negligence can have on individuals and their families. Patients place significant trust in doctors, hospitals and other healthcare professionals to provide treatment with the appropriate level of care and skill. When that trust is breached and negligence occurs, the consequences can be serious and life-changing.
Medical negligence arises when a healthcare professional fails to provide treatment that meets the standard of care reasonably expected of someone with their training and experience, and that failure results in injury, loss or damage. These matters can involve complex medical and legal issues, and it is important to seek experienced legal advice to determine whether negligence has occurred.
Our Medical Negligence Team has extensive experience assisting clients who have suffered harm as a result of negligent medical treatment. We work with individuals and families across South Australia to investigate potential claims, obtain expert medical evidence and guide clients through what can often be a complex legal process.
We understand that pursuing a medical negligence claim can feel overwhelming, particularly when you are focused on recovery or supporting a loved one. Our team provides clear, practical advice at every stage of the process, helping you understand your rights and the options available to you.
Mellor Olsson Lawyers is committed to supporting clients with compassion and professionalism while working to secure the compensation they may be entitled to. Our team offers a free, no-obligation first appointment to discuss your circumstances and provide an initial assessment of your potential claim.
Who can make a medical negligence claim?
Medical negligence claims can be brought by individuals who have suffered injury, loss or damage as a result of negligent medical treatment. In some circumstances, claims may also be made on behalf of others.
This may include:
- individuals who have suffered injury due to negligent medical care or treatment
- parents or guardians bringing a claim on behalf of an injured child
- family members of a person who has suffered serious injury as a result of medical negligence
- legal guardians or trustees acting on behalf of vulnerable individuals who are unable to bring a claim themselves
Our team can provide advice on whether you may be eligible to bring a medical negligence claim and the steps involved in pursuing compensation.
Time limits for medical negligence claims
Strict time limits apply to bringing a medical negligence claim in South Australia. In many cases, a claim must be commenced within three years from the date the injury occurred, although the applicable time limit may vary depending on the circumstances of the case.
Different limitation periods may apply in certain situations. For example, where a child has suffered an injury, the time limit may not begin until they reach the age of 18. There may also be circumstances where the injury was not immediately discovered.
Because these time limits can be complex, it is important to seek legal advice as soon as possible. Our team can advise you on the relevant time limits that apply to your situation and the steps required to protect your rights.
Medical negligence claims
If you have suffered harm as a result of negligent medical care, you may be entitled to bring a claim. Our lawyers assist clients in circumstances where a healthcare professional has failed to meet the appropriate standard of care. This may include failures to diagnose an illness or injury, delays in treatment, surgical errors, medication mistakes, or failures to warn patients about risks associated with medical treatment. We will investigate the circumstances surrounding your treatment and provide clear advice on whether a claim may be available.
Investigation and expert medical evidence
Medical negligence claims require detailed investigation and often involve obtaining specialist medical evidence. Our lawyers manage this process on your behalf, including gathering medical records, consulting independent medical experts and assessing whether the care provided fell below the required standard. This thorough approach allows us to provide informed advice on the strength of your claim and the likely outcomes.
Entitlement to damages
Where negligence has caused injury or loss, our team will work to secure the compensation you may be entitled to. Depending on your circumstances, this may include medical and treatment expenses, lost income and superannuation, future economic loss, travel expenses, care and assistance, and future medical needs. We will carefully assess your situation to ensure all relevant losses are considered.
Claims management and negotiation
If you decide to proceed with a claim, Mellor Olsson Lawyers will manage the entire process on your behalf. This includes notifying the relevant medical provider, gathering supporting documentation, liaising with insurers and conducting negotiations to resolve your claim. Many matters can be resolved through negotiated settlement, however where necessary our team can also assist with progressing a claim through the Court process.
Initial consultations and early advice
Determining whether medical negligence has occurred can be complex, and strict time limits apply to bringing a claim. Mellor Olsson offers a free, no-obligation first appointment for all medical negligence matters. During this meeting, we will discuss the circumstances surrounding your injury, review any available medical documentation and provide advice about your options and the next steps available to you.
