Medical Negligence Compensation Payouts in Australia

June 15, 2023    Civillawyers
Medical Negligence Compensation Payouts in Australia

The term negligence can mean a silly mistake. But in medicine, it has enormous significance. It can be tremendously harmful to a patient, putting their lives at threat that is why medical negligence payouts are really heavy. Read – how to make a complaint about a doctor in  Australia


Even for ignorable negligence, you are entitled to get huge payouts. You need to bring up a few pieces of evidence that prove the misdeed of the medical professional. You may have difficulty using professionalism without proper knowledge of both medical and legislature.


Here in the blog, you will find ways to prove the liability of your culprit. You can also achieve huge compensation by consulting a lawyer. Here is what you need to know.


How Can You Conceptualize Medical Negligence?

Medical negligence is any unskilled, improper, or mistreatment of a patient by a medical specialist like a nurse, doctor, physician, or others. It is a predominant theory of liability which puts its special concern on the allegations of medical malpractice.

  • Failure to diagnose correctly.
  • Underdiagnosis or overdiagnosis of a patient
  • Overlooking the symptoms
  • Misinterpreting the symptoms or reports
  • Failure to obtain consent.
  • Prematurely discharging a patient.
  • Prescribing wrong drugs
  • Misguiding the patient
  • Inadequate treatment providence.
  • Lack of care.
  • Causing physical harm through surgical errors.

All of the above cases can be accounted for as medical negligence. They may cause minor to major health consequences. If any healthcare professional conducts any of this, you have all the right to raise your voice. It allows you to get huge compensations to cover the treatment cost caused by their breach of duty.


Read Also – Four D’s of Medical Negligence


It is identified by the code of conduct in medicine. If a professional performs negligence, he is entitled to be against the litigation. If a medical performer has shown any kind of negligence in your treatment, you can have full legal support to allege them.


Can You Get Paid As a Victim of Medical Negligence?

The compensation rate for medical negligence can be shockingly high, at $650 000 AUS. Besides that, the maximum payout that was ever made in Australia was $9 million to Zachary Quinn, whose “botched surgery led to respiratory issues, cerebral palsy, and spastic quadriplegia.


So now you must get your answer that you can get paid as a victim of medical negligence. But for that, you have to be aware of a few ethics that define the guilt of the offender.


If you are able to prove the causation, you can get a negligence lawsuit payout for the following aspects.

  • Medical treatment cost.
  • Hospital charges
  • Rehabilitation costs
  • Loss of income
  • Legal costs
  • Physical pain
  • Psychological suffering
  • Reduced life quality
  • Loss of earning capacity
  • Damage of physical parts.

All of them are involved in the special damage and general damage categories. For both of them, you can get appropriate compensation under the law. But of course, to claim that you need immense legal support to know the code of conduct.


Medical Negligence Payouts in Other Australian States

Different states offer different amounts when it comes to payouts for medical negligence. These are:

Medical Negligence Payout in New South Wales

In New South Wales, the payout for medical negligence changes every year. The Illawarra Shoalhaven Health District, which is an area in New South Wales, has paid more than $23.5 million in medical negligence for over 2 years.


In cases where patients were victims of treatment failures and misdiagnoses, they received over $230,000 as compensation for medical negligence. But remember, in the area of medical negligence, all cases are not the same, and your situation and injury might be the same as another person’s.

Medical Negligence Payout in Victoria

In the Australian state of Victoria, statistics on the payouts for medical negligence are provided as public data. But this state does follow the same guidelines for the compensation part as New South Wales.


The average payout for medical negligence in Victoria might range from $50,000 and will stretch to several hundreds of thousand. But the amount will depend heavily on the needs and case of the victim.

Medical Negligence Payout: The Examples

The medical negligence payout will vary from one patient to another. But to have a good understanding of these types of payouts, here are a few illustrations:

Amount of $180,000 Paid for Incorrect Procedure and Diagnosis

One patient showed signs of syncopal and pre-syncopal episodes. These episodes are associated with dizziness, losing consciousness, and low heart rates. The medical expert recommended a pacemaker for this condition.


But things were wrong during the insertion process, which greatly worsened the client’s health. So, the medical experts removed the pacemaker, and the client saw an improvement in their health. They also received a compensation of $180,000 for the damages.

Patient with Fistula Obtains $700,000 for the Medical Negligence

A patient visits a medical expert to get treatment for Fistula. The medical practitioner clamped the patient’s catheter, which led to damages that were irreparable and made the patient retire from their current job.


So, the patient took the matter to court and was able to obtain $700,000 as compensation for the damages she received.

Patient Earns $200,000 for Negligent Laparoscopic Cholecystectomy

One patient wanted treatment for “Laparoscopic Cholecystectomy ”, and the medical practitioner and his/her team performed the intra-abdominal sepsis postoperative and a bowel perforation.


This cause of medical negligence put the patient in a lot of pain and discomfort and also remained in the hospital for 50 days to properly recover. For the damages the patient received, he was given $200,000 as compensation.


Steps to Raise Medical Negligence Claims and Receive Payouts

The three steps of raising a medical negligence claim are as follows:

Establishing Liability

If you are trying to raise a medical negligence claim, you will have to prove that there has been a breach of the practitioner’s duty of care. It means that your lawyer has to prove that the healthcare professional hasn’t provided you with a reasonable standard of care.


At times, doctors and medical staff can do something wrong without being negligent. Whether there has been negligence or not can only be proved by another medical professional. That’s why you won’t get medical negligence payouts as long as another medical professional does not specify that there has been negligence.

Demonstrating Causation

You will also need to demonstrate causation to raise a successful medical negligence claim. Causation refers to proving that your injury or condition was due to negligence.


The court won’t consider any expected outcomes. Suppose the risks were made clear to you beforehand, or the damages you suffered were inevitable. In that case, it won’t be a successful negligence claim.


You can only make a negligence claim for your extra pain or suffering.

Calculating Damages

If you want compensation from a medical negligence claim, it is mandatory for you to prove that you have suffered losses. The court will determine the compensation amount that you should receive according to the extent of your injuries due to negligence treatment.


The compensation you receive is divided into general damages and the sum you receive for the loss of ability to perform certain activities. You will also receive compensation for special damages, which will quantify your financial losses.


Special damages can include the following types of financial losses attributed to negligence:

  • loss of past and future earnings
  • loss of pension
  • costs of care for serious injury
  • adjustments to your property in case you have lost mobility
  • cost of equipment, medical treatment, and therapies


How Can Lawyers Help You Raise Your Voice Against Medical Negligence?

No matter how minor the injury is, you should always raise your voice against such unethical acts by a professional. You can take the support of an experienced solicitor to make the process Swiffer.


But as you know, the process can be very critical due to the ample of codes associated with it. An experienced lawyer can solve your problem. They can help you with the following process of filing a case against such ill-treatment.

  • You have to understand the duty of care in medicine.
  • You have to identify and categorize the breach caused by the physician.
  • Next, you have to prove that the damage caused to you was because of medical misconduct.

Now proving it, and knowing all this at once can be very daunting when you already suffer from damage due to the misconduct. In this difficult time, the best medical negligence lawyer can support you. They are knowledgeable and experienced in resolving such issues.


Bottom Line

In conclusion, medical negligence is no more a minor issue in Australia. Every year the number of claims is rising. At this time, you should raise your voice if you have ever been a victim.


You can get a high negligence lawsuit payout if you prove the breach of the medical expert’s duty. The lawyers can even heighten the compensation price to cover your recovery expenses.

REQUEST A QUOTE NOW! Complete the form below for a fast response

  • As a business owner, doing business on credit is the need of the hour. But the pile of bad debts has started affecting the way I do business, so I seek the professional services of Debt recovery lawyers in Perth. After searching online, I got in touch with civil lawyers Perth WA. After talking to their debt recovery lawyer, I am satisfied with my case and want to deliver my Thanks to civil lawyers to help in managing my case in such a professional way. Highly recommended.
    Steven Jonas
  • Civil Lawyers Perth WA handled my loan case in a professional and caring manner. Before a few years when I was searching on Google for the civil lawyers near me and that time I found civil lawyers in Perth. They helped me a lot in my case. They know all the laws of the land very well. I would love to say you guys are best. Thank you Civil Lawyers Perth
    Pema Dema
  • Civil lawyers Perth WA was very supportive and helpful in handling my case. I was looking for contract drafting lawyer who could help me in the drafting of the contract legally. So, I google civil lawyers near me and found the best team of civil lawyers in Perth. Thank you so much for designing and drafting my contract so smartly and nicely. Highly recommend it to everyone.
    Hazel Green
Civil Lawyers Perth WA Have Been Helping You Take Control of Your Outcome.
Copyright © Civil Lawyers Perth.
All Rights Reserved
Enquire Now
Call Us Now