Medical Negligence

Medical negligence covers injuries that occur as a direct result of a doctor, physiotherapist, nurse, hospital, medical specialist or health professional failing to provide reasonable care and utilising appropriate skill in the treatment of a patient where such injury could have or should have been foreseen.

Medical negligence claims can be quite complex and bringing about a claim for compensation in Queensland requires expert knowledge of the law.

Our personal injury lawyers are experts in medical negligence claims and will guide you through the claim process, advising you of your rights and the legal options available to you.

How we help you…

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What makes us different?

  • Our lawyers take the time to understand your challenges.
  • Our lawyers provide hands on personalised service.
  • You will never be treated as just another number.
  • Our lawyers are experts in compensation law.
  • You will always be informed of your rights.
  • We are long established local Mackay lawyers.

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What’s involved?

How do I know if I have a medical negligence claim?

Assessing and investigating possible medical negligence cases is very complex. If you are considering whether or not you have a potential claim for medical negligence then you should seek legal advice as soon as possible.

How do I prove medical negligence?

Bringing a claim for medical negligence against medical practitioners or a medical service is usually more difficult than a general negligence claim against, for example, an employer.

Medical treatment very often includes some sort of risk. Very rarely can the total safety of any procedure be guaranteed. In proving medical negligence, you must show that you have suffered a loss due to the breach of the medical practitioner, as opposed to suffering a known side effect or risk.

There are also other factors to consider before making a claim for medical negligence such as contacting the Office of the Health Ombudsman.

Are there time limits for making a medical negligence claim?

Under the Personal Injuries Proceedings Act 2002 (Qld) the initial notice must be given the day nine months after the day the medical incident happened or the day one month after instructing a law practice to act. There are other critical dates that apply to your claim and you should seek legal advice immediately in this regard.

What does it cost to lodge a medical negligence claim?

Contact our office to discuss your options today.

How does the claim process work?

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There is no cost for us to listen to your story and assess your case.

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We will run the matter for you and keep you well informed along the way.

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Frequently Asked Questions:

Who can I bring a medical negligence claim against?

If negligence has occurred, you may bring a claim against a hospital, doctor, nurse, dentist, pharmacist or other registered allied health professional.

What can I claim medical negligence for?

  • The failure to diagnose a condition or a misdiagnosis.
  • Making an existing condition worse through existing treatment.
  • Failure to provide the appropriate treatment or referral.
  • Failure to follow up on referral results.
  • A delay in diagnosis.
  • Failure to perform surgery with reasonable care and skill.

Who pays the medical negligence compensation to me under Queensland Law?

Each medical practice or professional should have medical insurance and in most cases, the insurer will be responsible for paying the compensation.

How much compensation for medical negligence can I receive?

The amount of compensation you receive is dependent upon the injuries that you have suffered and any ongoing impairment.

How long does a medical negligence claim take?

Time frames vary depending upon the nature of the claim and we can discuss this with you when we know more about your circumstances.

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