Genuine specialist expertise.
Medical negligence claims demand more than general personal injury experience – they require lawyers who understand how to work with medical evidence and independent experts to build a case.
Medical Negligence Lawyers Newcastle
No Win, No Fee
Local to Newcastle
Strong Since 1987
Despite the high standard of medical and nursing care in New South Wales, accidents or bad decisions can happen and things can be missed. If you or someone you love has been harmed by medical treatment that fell short of what should have been provided, you deserve honest answers – not more uncertainty.
Whitelaw McDonald has represented injured people across Newcastle and the Hunter for over 40 years. Medical negligence claims are some of the most complex in personal injury law, and they call for expertise.
Find Out Where You Stand
Talk to us about whether you have a claim and get some free advice. No obligations.
What is medical negligence?
Medical negligence occurs when a doctor, nurse, hospital, or other healthcare provider fails to provide care that meets a reasonable standard and that failure causes harm. It’s different from simply having a poor outcome. Medicine involves risk, and not every bad result is the result of negligence. To have a claim, you generally need to show that:
- The healthcare provider owed you a duty of care
- They breached that duty by falling below the standard of care a reasonably competent practitioner would have provided in the circumstances
- That breach caused, or materially contributed to, your injury or loss
Claims can be made against individual practitioners – doctors, surgeons, nurses, dentists, and allied health professionals – as well as against hospitals and area health districts. Almost all medical and allied health practitioners in Australia are required to carry professional indemnity insurance, so in most cases it’s the insurer, not the individual, who pays your compensation.
Common types of medical negligence
Errors in medical procedures and diagnosis can occur even with the most qualified and experienced practitioners. Some of the more common types of medical negligence we see include:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Injuries sustained during birth, including stillbirths and neonatal deaths
- Dental malpractice
- Failure to refer for investigations, specialist advice, or emergency treatment
- Defective medical products
- Anaesthesia errors
- Prescription and medication errors
Claims for medical negligence are complex, difficult cases. Running a successful claim requires real expertise in the field. Our team can advise you honestly on where you stand.
Not Sure if You Have a Claim?
Not a problem – get in touch with our team, or use our free online claim check form.
Our Medical Negligence Lawyers
What compensation can I claim?
If your claim is successful, compensation may cover:
- Pain and suffering, and loss of enjoyment of life
- Past and future medical and treatment expenses
- Past and future loss of income and superannuation
- Past and future costs of care and domestic assistance
What you may be entitled to depends heavily on the severity of your injury, its ongoing impact, and the strength of the evidence connecting it to the negligent care. We don’t publish figures or estimates – anyone who does before reviewing your specific circumstances isn’t giving you an accurate picture. What we can do is sit down with you, walk through your situation, and give you a realistic sense of your position. That conversation is free and comes with no obligation.
What’s involved in making a claim?
Medical negligence claims involve more investigation than most other personal injury matters, because proving what should have happened requires genuine medical expertise, not just legal argument. You don’t need to gather your own medical records or understand the clinical detail before you call us. We handle the investigation, the expert engagement, and the insurer negotiation – you focus on your recovery. Here’s a plain-English overview of the process:
1
Initial consultation
We listen to what happened and give you an honest first read on whether there are grounds for a claim, at no cost to you.
2
Gathering your medical records
From every provider involved, so we have the full picture.
3
Independent expert opinion
We engage an independent medical expert in the relevant field to assess whether the care you received fell below the standard expected.
4
Assessing the claim
If the evidence supports it, we advise you on prospects and next steps.
5
Notifying the insurer
Notifying the practitioner or hospital’s insurer, and negotiating your claim.
6
Resolving your claim
Most medical negligence matters are resolved through negotiation and settlement, though more complex or disputed cases can proceed to court.
Why clients choose Whitelaw McDonald
We’re local
Our Newcastle office is in Kotara, directly opposite Westfield Kotara, so we’re easy to find and easy to get to. We’re not a multinational firm with a satellite office here – we’re Newcastle born and based, and every case is handled by lawyers who live in this community.
Over 40 years of runs on the board.
Ross Whitelaw and John McDonald founded this firm in 1987. Since then, our team has recovered tens of millions of dollars for local people and their families.
No Win, No Fee.
You don’t pay us unless we win your claim. We’ll explain exactly how costs work for your specific situation during your free first conversation, so there are no surprises.
A free, no-obligation first conversation.
Before anything else, we’ll sit down with you – in person, over the phone, or at your home or hospital bed if that’s easier – and talk honestly about whether you have a claim, and what your options are. No pressure, no charge.
We understand how sensitive these cases are.
A medical negligence claim often follows one of the hardest periods of a person’s life, sometimes involving the loss of a loved one or an injury to a child. We handle every case with the care and sensitivity it deserves, while still fighting hard for the outcome you’re entitled to.
What our clients say
“I cannot recommend Kyah from Whitelaw McDonald property team highly enough. She was prompt, professional, and incredibly thorough. Every step of the was handled efficiently and with great attention to detail, making the experience completely seamless.
Her communication was excellent — always responsive, clear, an proactive in keeping me informed. I truly felt like evrything was taken care of, and I had complete confidence in her work throughout.
If you’re looking for a solicitor who is reliable and genuinely cares about getting things done right, look no further.”
Kiani D.
“I would like to sincerely thank you for all the hard work you put into my compensation claim. With your professional, knowledgeable, caring and ability to explain, whilst keeping me calm has been outstanding. You are a credit to your profession. It has been an absolute pleasure to communicate with both John and Craig. I am now relieved that this is behind me and can really concentrate on getting myself fully recovered. Once again, many thanks.”
John S.
“Very capable firm with a knowledgeable team.”
Naomi S
Time limits for a medical negligence claim in NSW
Medical negligence claims in NSW are governed by the Limitation Act 1969 (NSW), and the time limits are less straightforward than a fixed date.
- The standard time limit is 3 years from the date your claim becomes “discoverable” – broadly, the point where you knew, or reasonably should have known, that you were injured, that the injury was caused by someone else’s fault, and that it was serious enough to justify a claim. This discoverability date isn’t necessarily the date of the medical treatment or procedure – it can be anywhere from that date to much later, once the harm and its cause become apparent. To be safe, treat the date of the negligent treatment as the starting point of the three-year period, even though the clock may technically start later.
- There is also a 12-year long-stop limit, running from the date of the negligent act itself, after which a claim generally cannot be brought at all – regardless of when the injury was discovered.
Where a child has been affected – for example, in a birth injury case – different and more complex rules can apply to when the clock starts running. This is an area where it’s genuinely important to get specific advice rather than assume a claim is out of time.
Medical negligence claims often take longer to properly investigate than other personal injury matters, because of the need for independent expert opinion. It’s important to get advice well before any time limit is due to expire, to allow enough time for that evidence to be gathered properly.
Where to Find Us
Our Newcastle office is located at 5/76 Park Ave, Kotara NSW 2289, directly opposite Westfield Kotara, so we’re easy to find. We’re close to public transport, and there is plenty of parking nearby.
We have a wheelchair-accessible entrance including a ramp and an elevator. In addition, if you can’t come to us, we also offer home and hospital visits.
Get in touch today
You don’t need to have all the answers before you call us. Whether you’re not sure if you have a claim, you’re partway through a claim already and want a second opinion, or your claim has been disputed, get in touch for a free, no-obligation conversation.
Whitelaw McDonald is passionate about serving and winning for our local communities, with offices in Newcastle and the Central Coast.
If you would like an obligation-free consultation to see how we can best help you, or simply have questions, get in touch using our contact form or call 02 4941 8999.
Frequently Asked Questions
What counts as medical negligence?
Medical negligence occurs when a healthcare provider’s care falls below a reasonable standard, and that failure causes harm. Not every poor medical outcome is the result of negligence as medicine and treatment involves inherent risk. Get in touch and we’ll assess your specific situation honestly.
What do I need to prove to make a medical negligence claim?
You generally need to show that the healthcare provider owed you a duty of care, that they breached that duty by falling below the standard of care a reasonably competent practitioner would have provided, and that this breach caused or materially contributed to your injury. Proving this usually requires independent medical expert evidence, which we arrange as part of your claim.
Is there a time limit for medical negligence claims in NSW?
Generally yes – the standard limit is 3 years from when your claim becomes “discoverable,” with a 12-year long-stop limit from the date of the negligent act. Different rules can apply for children. Given how much investigation these claims require, it’s best to get advice as early as possible.
Who actually pays my compensation – the doctor, or their insurer?
In almost all cases, it’s the practitioner’s or hospital’s professional indemnity insurer, not the individual directly. Doctors, nurses, dentists, and allied health professionals in Australia are generally required to carry this insurance.
What if the negligence happened at a public hospital rather than a private practice?
You can still make a claim. Claims can be brought against hospitals and area health districts, as well as individual practitioners, depending on where the negligence occurred and who was responsible.
Do I need an independent medical expert for my claim?
In almost all cases, yes. Proving that your care fell below an acceptable standard requires an independent expert in the relevant field to review your treatment and records. We arrange this as part of investigating your claim.
What if my baby was injured, or I lost a baby, due to negligent care during birth?
This is one of the most serious categories of medical negligence claims, and we understand how difficult it is to revisit. Birth injuries, including stillbirths and neonatal deaths caused by negligent care, may give rise to a claim. We handle these matters with the sensitivity they deserve, and can talk you through your options when you’re ready.
How much does it cost to hire a medical negligence lawyer?
We act on a No Win, No Fee basis. You don’t pay us unless we win your claim. We’ll explain exactly how costs work for your situation during your free initial consultation.
How long does a medical negligence claim take?
These claims typically take longer than other personal injury matters, because of the need to gather medical records and obtain independent expert opinion. Straightforward claims may resolve within a year or so; more complex or disputed matters, or those that proceed to court, can take considerably longer.
What if I’m not sure whether what happened to me counts as negligence, or just an unfortunate outcome?
That uncertainty is completely normal, and it’s exactly what your free case assessment is for. Not every poor outcome is negligence, but you shouldn’t have to work that out on your own. Get in touch and we’ll give you an honest answer, one way or the other.
