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 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.