Our goal is to help people in the best way possible. this is a basic principle in every case and cause for success. contact us today for a free consultation.
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sURGICAL NEGLIGENCE
When you go under the knife, you are at your most vulnerable. You place your physical health and your future in the hands of a surgical team, trusting that their expertise will see you through to recovery. While no surgery is entirely without risk, you have a fundamental right to expect a professional standard of care.
When a surgeon, anaesthetist, or hospital team makes a preventable error, the “fair go” you were promised is broken. A surgical mistake isn’t just a medical complication—it is a life-altering event. At Fair Go Australia, we help you hold those professionals accountable.
In legal terms, surgical negligence occurs when the treatment provided by a surgical professional falls below the standard reasonably expected of someone in their position.
It is important to distinguish between a “known complication” and actual negligence. Every procedure carries inherent risks. However, if your injury was caused by a lapse in judgment, poor technique, or a failure to follow established safety protocols, it moves into the realm of professional negligence. To have a valid claim, we must demonstrate that the professional breached their duty of care and that this breach directly resulted in your injury or financial loss.
The law in Australia is rigorous. To determine if you have a path forward, we assess your situation against four key criteria:
Duty of care
Established automatically via the doctor-patient relationship.
Breach of duty
Proving the surgeon’s performance was significantly lower than the standard expected of a competent peer.
Causation
Showing that your injury was directly caused by the breach, rather than an unavoidable risk.
Damage
Demonstrating actual harm—physical, psychological, or financial.
Act before time runs out
In most Australian states and territories, professional negligence claims must be commenced within 3 years from discovery (the date you realised, or should have realised, that something went wrong). Waiting too long can mean your right to seek justice is lost forever. If you are unsure about your timelines, contact our team immediately for a free assessment.
1
Free Case Evaluation:
We listen to your story to determine if there is a case worth pursuing.
2
Evidence Gathering:
We secure medical records, theatre notes, and discharge summaries.
3
Expert Medical Review:
We consult independent surgeons to provide an objective opinion on the standard of care.
4
Formal Claim:
We lodge a formal claim against the practitioner’s professional indemnity insurer.
5
Negotiation & Settlement:
Most claims are resolved through mediation, avoiding the stress of a full court trial.
Our specialist lawyers handle the complex legal work so you can focus on healing.
We connect you with specialist professional negligence lawyers who operate on a No Win, No Fee basis. This means you don’t have to worry about upfront legal costs while you are already dealing with medical bills. We are committed to holding professionals accountable and ensuring that everyday Australians aren’t left to suffer the consequences of someone else’s mistake alone.
We respond to all enquiries within 1 business day.
Common questions
A consent form is an acknowledgement of risk, not a “get out of jail free” card. It does not give a professional permission to be negligent or perform substandard work.
With our No Win, No Fee partners, there are no upfront costs. You only pay legal fees if your case is successful and you receive a settlement.
It depends on when you “discovered” the negligence. If a surgical error was only found recently on a new scan, you may still be within the limitation period.
Our goal is to help people in the best way possible. this is a basic principle in every case and cause for success. contact us today for a free consultation.
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