Medical Negligence

• 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.

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

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.

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.

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

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

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

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.

Contact our office to discuss your options today.