Medical and health care liability

The area of medical and health care malpractice is complex and ever evolving. Bartier Perry’s lawyers are well aware that allegations of malpractice against medical practitioners and health care professionals can acutely threaten their reputation, financial and psychological wellbeing and future career prospects.

We therefore make it our business to thoroughly understand the legal rights and obligations of Australian medical and health care professionals, working hard to help our clients reach their commercial and practical objectives whilst protecting themselves against claims of misconduct and negligence.

In the event of a malpractice claim arising, early engagement of legal representation in any investigation is crucial, and we work closely with health providers and insurance providers in pursuit of the best outcomes.

Our clients regularly call on our expertise in advising and acting for insurance providers, medical and health care professionals, hospitals, aged care and disability providers, health networks and health service providers in all areas of professional malpractice – from risk mitigation strategies and protocols to defence proceedings for both complex and non-complex malpractice claims in all court jurisdictions.


We can:

  • Advise on risk management strategies and clinical protocols, including legal, ethical and practical requirements, to ensure that health care practitioners can carry on their work without the constant fear of exposure to legal or disciplinary action.

  • Defend professional negligence claims including negligent performance of surgery, negligent diagnosis, and all aspects of medical malpractice litigation.

  • Advise on disciplinary matters for medical practitioners and health care professionals.

  • Represent allied health professionals, including pharmacists, chiropractors, psychologists and physiotherapists, with respect to professional misconduct and various complaints and prosecutions under the NSW Health Care Complaints Commission (HCCC) and the Australian Health Practitioner Regulation Agency (AHPRA).

  • Defend physiotherapists and chiropractors against claims for injuries allegedly sustained during treatment and/or negligent advice and/or failure to warn.

  • Advise on the Health Practitioner Regulation National Law Act 2009, including on the professional codes and guidelines, registration and discipline of health care professionals.

  • Provide expertise on requirements relating to recording and managing personal and medical information of patients.

  • Act in inquests and civil claims arising from the death of patients.

  • Act in negligence claims against pharmacists relating to incorrect medication dosages.

  • Act in claims against hospitals of negligent care from nursing staff.

  • Act for hospitals, aged care, and other health care facilities and their directors and employees, in Coronial Inquests into the deaths of patients.

  • Defend medical practices against legal action for failure of its GPs to diagnose life threatening illnesses.

  • Represent medical and health care professionals at Section 150 “Immediate Action” proceedings, including proceedings brought by the Medical Board of Australia, Medical Council of NSW and Pharmacy Council of NSW.