General Practices Negligence Claims

Suing a Doctor for Medical Malpractice

General Practice is the ‘coalface’ of modern medicine. Claims have and do arise often due to delay in referral or investigation of serious medical concerns, resulting in a negligence case where a patient may sue the doctor.

We have handled repeated breast cancer cases against GPs for failing to follow accepted principles for investigating breast concerns, including application of the well-known ‘triple test.’

Because of the scale of numbers of patients being seen, doctors in a modern general practice must have clear and robust systems for following up patient test results and ensuring patient review/referral. In recent times we have noted a growth in ‘systems failure’ claims, relating essentially to clerical or administrative errors leading to inaccurate advice as to test results, follow up recommendations or counselling, sometimes with very serious consequences (and in several cases, tragically life-ending consequences).

Patients can sue a doctor for various claims, these include:

  • Negligent failure to inform patient of presence of breast cancer on FNA
  • Failure to investigate persistent headaches (due to undiagnosed coloid cyst)
  • Failure to perform careful clinical examination of patient’s concerning breast lump (many)
  • Negligent prolonged prescription of steroid medication inducing side-effects
  • Negligent performance of ganglion surgery (several)
  • Negligent management of Warfarin medication + monitoring of INR levels
  • Negligent failure to investigate coughing of blood, due to undiagnosed dvt and pulmonary emboli
  • Negligent failure to investigate and diagnose heart attack


Our specialised medical negligence lawyers are committed to handling your case with the utmost sensitivity, care, and respect. If you’re wanting to sue the doctor, and need to rely on attorneys for representation or advice, you’ll have peace of mind in knowing our highly accredited team bring with them a wealth of medical law experience and knowledge to every case, ensuring accountability and responsibility when things go wrong. 

Our team is led by leading medical negligence lawyer, Julian Johnson, who has appeared on behalf of patients in more than 50 trials in Western Australian Courts, including the District and Court of Appeal. So, you’ll be in safe hands whether you’re seeking advice or compensation regarding the topic of medical negligence. Read more about us here or contact our Perth office today on (08) 6380 0700. 

About Julian Johnson

Renowned as Perth’s leading medical negligence lawyer, Julian Johnson is the founder and principal of Julian Johnson Lawyers. He graduated in Law from the University of Western Australia in 1988 and became a partner at Ilbery Barblett and O’Dea, before establishing his own firm in 2001. Julian is dedicated to assisting those who have suffered from inadequate medical care. He is recognised as a leading national lawyer in medical negligence by Doyle’s Guide.


Can I sue a doctor for medical malpractice?
In Western Australia, you can sue the doctor if you believe they have provided substandard care that resulted in injury or harm. Typically speaking, medical malpractice cases are usually based on the principle of negligence, where it must be proven that the doctor’s actions deviated from the standard of care expected in their field. 
What should I do if I believe I have a medical malpractice case?
If you believe you have a medical malpractice case in Perth, Western Australia, the first step is to consult with our qualified medical malpractice attorneys here at Julian Johnson Lawyers. We will review the details of your case, including medical records and other relevant evidence, to determine if there is a basis for a claim. It’s crucial to act promptly as there are time limits (statute of limitations) for filing such lawsuits. 
How long does a general practice lawsuit take?
The duration of a medical malpractice lawsuit in Western Australia can vary significantly depending on the complexity of the case, the willingness to settle out of court, and court schedules. Generally, medical malpractice cases can take several months to years to reach a resolution. Settlements may occur at any point during the process, while trials can add to the overall timeline. 

Suing The Doctor For Medical Negligence

Under the legal system in Australia, a doctor can be sued if a breach in duty of care resulting in harm or injury has occurred. 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 suing a doctor, hospital or ‘the medical profession.’


At Julian John Lawyers, we understand that pursuing a claim against your doctor or hospital can be a daunting task. We have successfully helped clients bring claims against their medical provider and can help you investigate your case and navigate the legal system. 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. To find out whether you can pursue a medical negligence claim and sue the doctor, contact Julian Johnson Lawyers today. If we think a claim is worth investigating, we’ll arrange to meet for a coffee and a chat.

You can also contact us directly:



64 Churchill Avenue,