Medical malpractice

DibbsBarker has recognised expertise in the specialist area of medical negligence and associated regulatory and disciplinary matters, including hearings and investigations. On instructions from medical defence organisations, general insurers and hospitals, we act on behalf of medical practitioners, allied health practitioners, nurses / midwives and private hospitals in the defence of claims and in response to complaints, regulatory issues and credentialing.

Our team advises clients on the full scope of health law issues including:

  • litigated and unlitigated claims made against medical practitioners, nurses and private hospitals / facilities and their staff
  • disciplinary and complaints matters regarding the Australian Health Practitioner Regulation Agency and associated health practitioner boards, the Office of the Health Ombudsman, and other organisations and agencies regulating the health care sector in Australia (such as NSW Health)
  • coronial investigations, hearings and inquests
  • assisting medical practitioners with credentialing issues
  • related employment / workplace and industrial relations issues.


  • We successfully assisted a doctor who was referred to AHPRA by the Coroner in relation to alleged failure to appropriately treat a patient in the Emergency Department of a public hospital. We drafted the doctor’s response for both AHPRA and the Medical Council. No further action was taken by the Medical Council.
  • We resolved a claim for recovery by a hospital against an orthopaedic surgeon in relation to alleged misdiagnosis by a verdict in his favour.
  • We commercially resolved a claim against a psychiatrist by five family members pursuant to the Compensation to Relatives Act in respect of the suicide of a patient.
  • We have acted for hospitals in relation to serious and catastrophic injuries including the death of a patient who had undergone gall bladder surgery and a significant brain injury suffered due to alleged misdiagnosis.
  • We acted for laser clinics in relation to injuries suffered after various laser treatments.
  • We acted for a plastic surgeon in relation to claims arising from breast augmentation procedures.  
T +61 2 8233 9632
Recent News and Publications
06 Dec 2017
The Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) applies to government agencies, private sector organisations with annual turnovers over $3m, and all organisations handling health information or involved in credit reporting.
30 Nov 2017
Consider the position of the buyer of a business, entering into a sale agreement with the seller. The seller will make various representations about the business that will be underpinned with warranties and indemnities, all for the purpose of giving the buyer comfort about what they are purchasing.
13 Sep 2017
An Australian business might contemplate litigation against an overseas party for a wide variety of reasons, such as a claim arising from a breach of contract with a foreign-based supplier or manufacturer.