Medical Negligence Lawyers Perth – Medical Malpractice Compensation Claim
Foyle Legal is WA’s local medical negligence injury compensation law firm in Perth. In WA, medical negligence needs proof of sub-standard care, causation and loss.
Typical outcomes
Range depends on injury, recovery and damages.
Speed
Many matters resolve in 3–9 months after expert opinion.
Time limit (WA)
Most adults 3 years. Longer for child claims. Ask early.
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What counts as medical negligence in WA?
In Western Australia, breach is judged against peer-accepted professional practice at the time. You must also prove causation (the breach caused your harm) and damages (pain and suffering, treatment costs, income loss, care, future needs).
Misdiagnosis & delayed diagnosis
Test follow-up missed, referral delays.
Dental treatment errors
Wrong tooth/site, implant nerve injury, RCT perforation, consent gaps.
Medication & pharmacy errors
Wrong drug/dose, allergy ignored, contraindicated combinations.
Cosmetic & injectables complications
Filler vascular issues, poor consent, non-compliant advertising.
ED errors & missed fractures
Scaphoid/Lisfranc, red flags not escalated.
Radiology misreads
Report omissions that change outcome.
Negligent aftercare & monitoring
Observation charts, post-op monitoring, track-and-trigger, discharge safety-netting.
Hospital & nursing errors
Pressure injuries, falls, discharge/safety-net failures, post-op infection.
Surgical & anaesthetic errors
Wrong-site surgery, retained items.
Birth injury & labour errors
Fetal distress/CTG, delayed caesarean, shoulder dystocia, tears, postpartum haemorrhage.
Real Results in WA Medical Negligence Claims
We act for victims who have suffered medical negligence injuries across WA. We handle all common injuries in WA. Below are real examples from typical medical malpractice claims in WA.
$120,000 – Patient misdiagnosed – colon injury
- Situation:
Client presented to hospital with abdominal pain. Client misdiagnosed multiple times before being diagnosed with appendiceal abscess. - Injury:
Client underwent emergency open right hemicolectomy where a large portion of the client’s colon was removed. - Result:
$120,000 compensation won after successful liability argument.
$274,850 – Patient misdiagnosed – eye injury
- Situation:
Client presented to hospital complaining of eye pain. Client misdiagnosed multiple times before being diagnosed with a viral infection. - Injury:
Two retinectomy surgeries were performed. The client then developed a cataract in his right eye which was removed. Significant loss of vision in right eye. - Result:
$274,850 in compensation won after successful liability and general damages arguments.
$ 129,996 – Patient’s teeth mistreated – dental injury
- Situation:
Client attended dentist to have 8 dental crowns and a root canal completed. - Injury:
Dentist removed too much of each tooth for crowns to be properly fitted. Crowns then caused dislodgement of other teeth and infections. - Result:
$120,996 compensation won after successful liability and pain and suffering arguments.
Disclaimer – We publish authentic, representative WA medical negligence results—not just headline-grabbing figures. Cases have been anonymised and are illustrative only. Past results don’t guarantee future outcomes.
What Type of WA Medical Negligence Claims We Handle
If you’ve been injured due to negligent medical treatment, Foyle Legal is here to help. No Win, No Fee.
Dental negligence
Common issues
- Wrong tooth/site treated or extracted
- Implant nerve injury (numb lip/chin/tongue soon after placement)
- Root canal perforation or missed canal with persistent infection
- Consent gaps about material risks
What we gather first
Dental notes, charting, x-rays/CBCT, consent forms; GP/ED records; symptom diary; work impact.
Medication & pharmacy errors
Common issues
- Script says Drug A, label dispensed Drug B.
- Allergy recorded, contraindicated drug supplied
- Wrong strength or double dose on repeats
- Dangerous combinations (e.g., warfarin + NSAID) without checks
What we gather first
Script image, pharmacy label/box, dispensing log, incident notes; ED/GP records (e.g., INR results).
Cosmetic & injectables negligence
Common issues
- Filler complications (vascular occlusion, visual symptoms)
- Poor consent or non-compliant practitioner advertising
- Telehealth shortcuts or credential problems
What we gather first
Consent forms, pre-procedure photos, product/batch, clinic communications, advertising screenshots, ED/GP notes.
Emergency department missed fractures & diagnoses
Common issues
- Missed scaphoid/Lisfranc fractures
- Appendicitis/compartment syndrome red flags not escalated
What we gather first
Triage notes, imaging and reports, discharge summary, return ED visit records, GP follow-up.
Birth injuries & obstetric negligence
Common issues
- Failure to monitor CTG / fetal distress; delay in escalation or delivery
- Delay to perform emergency caesarean section
- Shoulder dystocia mismanagement; neglected 3rd/4th-degree tears
- Postpartum infection or haemorrhage not escalated
What we gather first
Antenatal records, CTG traces, partogram, theatre notes, neonatal notes, APGAR scores, postnatal reviews.
Emergency department missed fractures & diagnoses
Common issues
- Failure to identify fracture on radiology (e.g. x-ray)
- Failure to order more tests (e.g. ultrasound, MRI)
- Inadequate observation or failure to follow up
- Medication errors or abrupt cessation without plan
- Unsafe discharge without safety-netting or follow-up
What we gather first
Mental health assessments, scan records, risk tools, observation charts, medication charts, discharge plan, GP/ED follow-up.
Negligent aftercare & monitoring
Common issues
- Post-op vitals not monitored or abnormal results not escalated
- Pressure area care/turning missed; falls during admission
- Failure to act on abnormal blood tests/imaging
- Discharge without safety-netting or follow-up
What we gather first
Observation charts (EWS), nursing notes, progress notes, policy/protocols, discharge summary, recall systems.
Other medical negligence we assess
- Misdiagnosis & delayed diagnosis
- Radiology misreads
- Hospital & nursing errors (pressure injuries, falls in care, discharge failures, post-op infection)
- Surgical & anaesthetic errors (wrong-site surgery, retained items)
Don’t be intimidated by insurers, establishments and their lawyers.
The consequences of making a claim and not being successful can be devastatingly expensive for you and your family. So GET HELP from experienced personal injury lawyers Perth before it is too late.
We will help you to act with confidence at every step of the process:
- Have Your Claim Accepted!
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Don’t face insurers or health providers alone—get WA’s trusted local medical negligence lawyers on your side.
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Experience the Foyle Legal Difference
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You matter to us. Your case will be led by our senior team, with 100+ years of combined personal injury experience!
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Experienced in Medical Negligence Claims!
Medical negligence is not about receiving a bad result or bad outcome. It is about the medical or health professional acting in accordance with a practice that is widely accepted by the health
professional’s peers as competent professional practice. If the care has fallen below this standard, you can claim for your pain, suffering and losses.
If you have made medical negligence claim, contact Foyle Legal medical negligence lawyers in Perth for your obligation-free assessment. It is 100% free of obligation and we can help qualified medical negligence claims on No Win No Fee basis.
We are experienced medical negligence lawyers in Perth. When you contact us with your potential medical negligence, in most cases, we would be able to provide you with our professional opinions on your claims very quickly based on the information you provided to us.
Remember, medical negligence claims are complex. Getting the right advice from the start will make a big difference in the final outcome!
What we prove to win your medical malpractice claim
We focus on causation, damages and brief independent experts and organise all records for you.
Breach
Care fell below peer-accepted professional practice at the time.
Causation
The breach caused your injury or loss.
Damages
Pain and suffering, treatment, income loss, care, future needs.
Protect Your Interests With Perth’s Medical Negligence Experts
Medical negligence claims in WA need specialist advice. They’re complex and can be expensive if handled incorrectly. Most doctors and hospitals have strong legal protection—you need an expert lawyer to win your case and maximise compensation.
At Foyle Legal:
- We review your potential claim quickly and thoroughly—obligation-free.
- We pinpoint key risks, explain options, and ensure you only proceed if your case is worth it.
- We offer No Win No Fee for qualified claims, so there’s no upfront cost and complete peace of mind.
Helpful Tips
The best, quickest and cheapest way to find out where you stand is to organise an obligation-free consultation with with our award-winning Perth medical negligence lawyers.
Not every claim is worth pursuing, but Foyle Legal gives you honest answers and a risk-free pathway forward. If eligible, your case is managed with no upfront legal cost.
Ready to protect your interests and maximise your compensation?
Start your Free Claim Check or call 1300 300 966
Understanding Your Options: Complaints, Regulation & Compensation
Not all pathways lead to financial compensation. Here’s how they differ in WA—and how we help you choose the right one.
HaDSCO (WA)
- What It Does:
Handles complaints and conciliation about health services. Can result in apologies, refunds, policy changes, or system improvements. - What It Doesn’t Do:
Cannot award court damages or financial compensation for your injury, pain, suffering, or lost income. - Best For:
- Getting an apology or explanation
- Fixing a billing dispute
- Improving hospital processes
AHPRA & Medical Board
- What They Do:
Regulate and investigate doctors, nurses, dentists, and other health practitioners. Can issue warnings, conditions, suspensions, or deregistration. - What They Don’t Do:
Regulatory action is separate from compensation. AHPRA decisions don’t result in payments to injured patients. - Best For:
- Reporting unsafe practitioners
- Professional conduct concerns
- Protecting future patients
Compensation Claims (Civil Law)
- What It Is:
A civil claim for damages based on medical negligence. Requires proof of breach, causation, and loss, supported by independent expert evidence. - What You Can Receive:
Financial compensation for pain and suffering, medical treatment, income loss, care needs, and future expenses. - Best For:
- Serious injury or ongoing harm
- Economic loss (wages, treatment costs)
- Long-term care or rehabilitation needs
This is what Foyle Legal manages for you—on a No Win No Fee basis.
Want compensation, not just an apology or investigation?
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Legal Review
- Reviewed by Christian Foyle, Principal Lawyer.
- Admitted to the Supreme Court of WA as barrister & solicitor in 2008.
- The current WA practising certificate, verified via the Legal Practice Board WA practitioner search.
- Member of The Law Society of Western Australia.
- Top-rated senior personal injury lawyer in WA, featured by Doyle’s Guide, ThreeBestRated, local news, and more.
- Practice Areas: catastrophic injury, serious personal injury, motor vehicle, workers’ compensation, public liability, fatal injury claims, medical negligence
Editorial Policy
- Plain‑English drafting by Dr. Ida Ma (PhD, MBA), reviewed for accuracy.
- WA‑specific citations. Reviewed before publication.
- See editorial policy.
- For corrections or feedback, email contact@foylelegal.com
Talk to a Real WA Lawyer Today
- No win no fee lawyers – nothing to pay upfront, no hidden costs, and disbursement assistance.
- Top-rated, WA law firm – recognised by clients and peers for our experience, with 300+ 5-star reviews on Google, Facebook and Trustpilot.
- Obligation-free assessment – maximise your fair compensation and we handle your claim end-to-end.
- We help clients to fight back against insurers every day – 100+ years of combined personal injury experience.
Offices in Perth CBD & Malaga. Serve all WA.