Hospital Negligence Lawyers

At Julian Johnson Lawyers, our hospital negligence lawyers help you take action when substandard hospital care leads to serious injury or harm. If a hospital or its staff failed in their duty of care, you may be entitled to compensation for medical costs, lost income, and ongoing care needs. We provide clear legal guidance to help you understand your rights and pursue a claim with confidence.

Hospital negligence occurs when a hospital or its staff fails in their duty of care, leading to patient harm. If you or a loved one have suffered serious physical, emotional or financial consequences due to hospital negligence, it’s important to know your rights and options for seeking compensation.

Hospital negligence claims are often medically and legally complex, making it important to seek advice from experienced hospital negligence lawyers. At Julian Johnson Lawyers, we act exclusively in medical negligence matters and have represented clients in claims arising from failures in diagnosis, surgical care, medication management, patient monitoring and hospital systems. We have pursued these matters through negotiation and litigation in Western Australia’s courts, providing practical legal advice and strong representation throughout the claims process.

CAN YOU SUE THE HOSPITAL FOR NEGLIGENCE?

Yes, it is possible to sue a hospital for negligence if you can show that the hospital breached its duty of care to you, and you suffered injury or loss. However, as per the Civil Liability Act 2002, there are specific conditions that must be met for a claim to be valid.  

Filing a medical negligence or medical malpractice claim in Western Australia can be challenging, as the required medical documents can be complex and difficult to comprehend, and the burden of proof is high.  

To improve your chances of a successful claim, it’s important to seek advice from hospital negligence lawyers with experience investigating complex medical evidence and obtaining independent expert opinions. Our team regularly acts in claims involving both public and private hospitals across Western Australia and can advise whether you may be entitled to compensation for hospital negligence.

 

EXAMPLES OF INJURIES AS A RESULT OF HOSPITAL NEGLIGENCE

As private and public hospitals care for patients across a range of medical fields, negligence can occur in a variety of ways, including but not limited to:

  • Misdiagnosis or delayed diagnosis
  • Surgical errors
  • Medication errors
  • Inadequate patient monitoring
  • Failure to obtain informed consent
  • Failing to detect critical observations of a patient’s condition in a timely manner
  • Failing to take appropriate steps when a patient’s condition deteriorates
  • Administering incorrect medication
  • Misinterpreting test results
  • Unsafe use of medical equipment
  • Acts or omissions that deviate from the standard of care expected in the medical profession

examples of hospital negligence claims we handle

Our team has represented clients in a wide range of hospital negligence matters involving both public and private hospitals. Examples include claims arising from:

  • Failure to diagnose or treat serious medical conditions in a timely manner.
  • Surgical errors resulting in avoidable injury or complications.
  • Medication errors, including the administration of incorrect medications or dosages.
  • Failures in patient monitoring leading to deterioration that was not recognised or acted upon.
  • Hospital-acquired infections resulting from substandard care or infection control practices.
  • Communication failures between treating teams leading to delays in diagnosis or treatment.
  • Delays in recognising post-operative complications, including bleeding, infection or sepsis.
  • Failures to obtain informed consent before treatment or surgery.

WHAT CAN I CLAIM HOSPITAL NEGLIGENCE COMPENSATION FOR?

If you are suing for medical negligence in Australia after receiving substandard hospital care, you may be entitled to compensation for hospital negligence. Our lawyers carefully assess every aspect of your claim to ensure all past, current and future losses are considered. Compensation may include:

  • Pain, suffering, and loss of enjoyment of life
  • Loss of life expectancy
  • Past and future lost earnings
  • Past and future medical expenses
  • Hospital and rehabilitation expenses
  • Care and assistance provided by family or friends
  • Paid care and assistance, such as nurses or carers
  • Home and car modification expenses

    CHOOSE OUR HOSPITAL NEGLIGENCE LAWYERS

    If you are considering whether you can sue the hospital after receiving negligent treatment, it is important to obtain legal advice as early as possible. Strict limitation periods apply in Western Australia and early investigation can be critical to preserving evidence and obtaining independent medical opinions. Our experienced hospital negligence lawyers can assess your circumstances, explain your legal options and advise whether you may have grounds to sue a hospital for negligence. Contact our Perth office today on (08) 6380 0700.

    About JJ LAW

    Renowned as Perth’s leading medical negligence lawyers, JJ Law is headed by Kimberley Bavin and Anna Sundararajan. Kimberley, a Notre Dame University Australia alumna, honed her litigation skills during a significant career stint at Bradley Bayly Legal. With her deep involvement in high-stakes court cases, Kimberley is renowned for her dedication to medical negligence claims. Anna, having joined the firm in 2017, uniquely combines her legal acumen with a rich nursing background. This experience enriches her approach to complex legal cases. Together, they embody JJ Law’s commitment to delivering some of Perth’s highest quality and specialised medical negligence legal services, including representing clients pursuing compensation for hospital negligence across Western Australia.

    FREQUENTLY ASKED QUESTIONS

    can you sue a hospital for negligence?

    Yes, you can sue a hospital if it breached its duty of care and caused injury, loss or suffering. JJ Law’s hospital negligence lawyers provide experienced representation for claims involving public and private hospitals across WA.

    how much can you sue a hospital for negligence?

    Compensation can include pain and suffering, lost earnings, medical costs and care expenses. At JJ Law, we work to maximise your hospital negligence payout with a thorough case assessment backed by expert medical testimony.

    how do you sue a hospital for negligence?

    Suing a hospital involves collecting detailed evidence, medical reports and legal documentation to prove the breach of care. JJ Law guides you through each step with expert advice to help you secure the compensation you deserve.

    What are examples of hospital negligence claims?

    Examples include surgical errors, misdiagnosis, medication errors, delayed treatment and inadequate monitoring. JJ Law handles a wide range of hospital negligence cases with a focus on justice and accountability.

    How long do you have to sue a hospital for negligence?

    The time limit depends on the of the claim and in some cases the age of the patient at the time of the negligent medical treatment. In many cases, claims must be commenced within a set number of years from when the injury was discovered. Early legal advice is essential due to these strict deadlines.

    Can I claim against a public and private hospital?

    Yes. Claims can be made against both public and private hospitals if negligence can be established. The process and defendant may differ depending on whether the hospital is publicly or privately operated.

    What is considered hospital negligence?

    Hospital negligence may include surgical errors, medication mistakes, delayed diagnosis or treatment, inadequate staffing, poor infection control, or failures in patient monitoring. Each case depends on whether the hospital or its staff breached their duty of care.

    What evidence do I need to prove hospital negligence?

    Evidence usually includes hospital and medical records, expert medical opinions, and documentation showing how the negligence caused harm. A lawyer can assist with obtaining expert evidence and assessing the strength of your claim.

    We understand that often deciding to investigate a claim is a very big first step to take. Most people are frightened of or at least apprehensive of the legal system, lawyers, or at the thought of ‘taking on’ a doctor, hospital or ‘the medical profession.’

    To make it as easy as possible, just fill out the form and we will contact you to let you know whether we think investigating a claim is something you should think about. There’s no obligation and no fee involved.

    If you’d prefer we can even just send you an email answering your question (if it is simple enough!) or pointing you in the right direction.

    If we think a claim is worth investigating, we’ll arrange to meet for a coffee and a chat.

    If you want, go ahead and let us help you with the first step.

    You can also contact us directly:

    Phone

    Address

    Unit 2, 194 Hay Street,
    Subiaco