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Medical Negligence Compensation Lawyers Brisbane & Gold Coast

If you have sustained an injury due to medical negligence, you may be entitled to compensation for the loss and damage it incurs. Find out more.

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Experts in medical negligence & professional malpractice compensation claims across QLD

If a doctor, hospital or other healthcare facility has failed you in their duty of care, you may be entitled to compensation. Medical negligence claims often involve complex legal procedures; to ensure you receive a fair amount of damages, we've provided answers to some of the most common questions to help you. You can always call us free or chat live with a Lawyer to clarify a question. Assessing your claim is totally free and there is no obligation so don't be afraid to ask a question. No matter where medical negligence occurred in Queensland our Lawyers can help you remotely, so you need never visit our offices in Brisbane or the Gold Coast.

What is medical negligence?

Medical negligence, also known as malpractice, refers to substandard healthcare. Negligent treatment can involve a broad range of medical failures, including:

  • Misdiagnosis
  • Failure to provide appropriate treatment
  • Failure to take appropriate action based on test results
  • Failure to perform surgery correctly
  • Failure to provide appropriate follow-up care
  • Worsening an existing medical condition.

It’s important to clarify that medical negligence is not the same as unsuccessful medical treatment. Even if a patient has access to the highest standard of healthcare in the world, some illnesses and injuries are simply untreatable.

Am I eligible for a medical negligence compensation claim?

For your medical negligence claim to be considered legitimate, you will be required to demonstrate:

  • You have sustained an injury
  • Your injury is directly related to negligent treatment
  • Your injury was foreseeable and could have been prevented with a reasonable standard of care.

No Win No Fee medical negligence compensation claims

If you’ve delayed making a medical negligence claim because of the costs involved, The Personal Injury Lawyers can help. Our No Win No Fee service covers all outlays and upfront expenses, providing you with affordable access to legal representation. Under this arrangement, you won’t be charged any legal costs until your case has been settled.

What does medical negligence compensation cover?

Medical negligence claims can include compensation for any of the following:

  • Pain and suffering (this term refers to both physical pain and emotional trauma)
  • Reduced life expectancy
  • Lost income
  • Ongoing care costs
  • Medical bills
  • Home and car modifications

Get our accredited Lawyers to assess your claim for free. Get in touch today

If you have been injured as a result of any vehicle such as car, bike or boat accident, or whilst at work, on holiday, or in many other situations you believe was caused by someone else's wrongful act or negligence, you may be entitled to compensation. Even if you think your actions may have contributed to your injury, you may still have a claim well-worth pursuing. Chat, call, email, or let us assess your claim, just press the button below. There is no cost, and no obligation.

How do I make a compensation claim for medical malpractice?

If you intend to make a compensation claim for medical malpractice, the first thing you should do is seek legal advice. After reviewing the circumstances of your case, one of our personal injury lawyers can advise you on what to do next. The legal processes involved with medical negligence cases can be complex, so it’s essential to speak with a lawyer before making a claim. It’s also crucial to gather as much medical evidence as you can. Making an official record of your injuries with a doctor can help verify your claim in later legal proceedings.

Is there a time limit for lodging my medical negligence claim?

Yes. Time limits apply to all personal injury claims. To avoid jeopardising your chances of receiving compensation, don’t put off taking legal action. The sooner you make a claim, the better.

How much does it cost to make a claim for medical malpractice?

The cost of making a medical malpractice claim varies from case to case. Your claim’s expenses will be contingent on how much work it requires. For example, if the healthcare provider you’re making a claim against is willing to reach a settlement quickly, you may be able to keep legal fees to a minimum. On the other hand, extensive negotiations can lead to larger legal bills. The Personal Injury Lawyers can provide you with a more accurate estimate of the costs involved after reviewing your case.

Will I need to go to court for my medical negligence claim?

Most compensation claims are settled before going to trial. But if you do end up in court, your lawyer may be able to attend on your behalf. Even if you’re required to appear in person, being accompanied by legal representation can make this experience less daunting.

Who will pay for my claim if I win?

The claimant’s insurer will typically pay for any compensation you’re awarded (it’s unusual for individuals to pay for damages out of their own pocket in malpractice cases). In Australia, all medical professionals are required to be covered by professional indemnity insurance. This type of insurance is designed to protect service providers against legal costs and can be used to cover damages.

Do I need to seek a medical negligence lawyer to make a claim?

Seeking out legal advice can make the claims process much easier. If you’re thinking of representing yourself, consider the benefits of working with an experienced medical negligence lawyer:

  • Legal expertise – Having a lawyer on hand to interpret complex legislation can be hugely beneficial when you’re trying to build a case.
  • Better resources – Medical negligence claims often rely on expert medical testimony.
  • Working with a lawyer can provide you with better access to professionals in the medical field.
  • Compensation value – Calculating the amount of compensation you’re entitled to is a complicated process. A lawyer can help you with this step, ensuring your claim is valued correctly.

OTHER COMMON QUESTIONS ABOUT MEDICAL NEGLIGENCE COMPENSATION CLAIMS


Q. Is compensation ever difficult to recover?

ARecovering compensation can be difficult if your case lacks a sufficient amount of evidence. However, The Personal Injury Lawyers can work with you to ensure your case has the best possible chance of success.


Q. Are all medical malpractice claims worth litigating?

AIf a medical malpractice claim is deemed unlikely to be awarded compensation, it may not be worth litigating.


Q. How long will a medical negligence claim take to settle?

AIt can take several months for a medical negligence case to settle. If the healthcare provider you’re making a claim against is willing to reach a settlement, your claim will most likely be settled sooner. However, if your claim ends up in court, it may take a little longer to resolve.


Q. How is medical negligence proved?

AYou can prove medical negligence by providing evidence. This evidence can include anything from medical records and photographs to testimony from medical professionals.


Q. How much will I get for my medical malpractice claim?

AThe amount of compensation you receive will be based on the extent of your injuries and their impact on your quality of life.


Q. What is considered  "Gross negligence" in a case of medical negligence?  

AGross negligence in medical negligence claims encompasses such cases as where a surgeon amputates the wrong limb during an operation, or operates when heavily intoxicated. It is where the actions of the medical provider indicate a complete lack of reasonable care in providing the medical treatment or advice. 


Q. If I don’t win, will I still have to pay my lawyer fees?

AYou won’t have to pay any of our fees if your claim is unsuccessful. However, you may have to cover the legal expenses of the person or organisation you made a claim against. Before making taking legal action, The Personal Injury Lawyers will ensure you’re aware of the risks involved with this.


Q. Where can I get in touch with a medical negligence compensation lawyer in QLD?

A. The Personal Injury Lawyers can provide you with more information about medical negligence compensation claims today. Assessing your claim is free and there is no obligation. Contact us by calling 1800 958 498, or click the button below, tell us about your incident and we'll assess your claim. You can also email or chat online or on your mobile. Remember, strict time limits do apply to claims for medical malpractice and negligence, so it is important that you make your enquiries as soon as possible so you do not miss out on significant damages.


MORE COMPLEX QUESTIONS ABOUT MEDICAL NEGLIGENCE COMPENSATION CLAIMS


Q. What loss and damages could have occurred from medical negligence?

A. The compensation or damages you are entitled to in a medical negligence claim are regulated by the Civil Liability Act 2003This legislation provides restriction on certain loss and damage you can claim for generally in a personal injury claim (other than a work injury claim).  The type of loss and damage that you can claim for in a medical negligence claim is as follows:

  • Pain & Suffering and loss of amenities of life;
  • Loss of past and future income arising from your injuries;
  • Loss of past and future superannuation payments;
  • Out of pocket expenses incurred due to your injuries (eg. for medical treatment or medications etc);
  • Future medical and out of pocket expenses you will incur due to your injuries;
  • Care & assistance you require with personal care and domestic duties due to your injuries (thresholds apply);
  • Interest on out of pocket expenses, past lost income and past loss of superannuation

For more information on the above, and how compensation and damages in your medical negligence claim are calculated, we answer your questions on What Common Law Damages am I entitled to?


Q. How do you take pre-existing injuries into account

A. When assessing what compensation should be awarded in medical negligence cases, a Court can only award damages for the further injuries sustained as a result of the negligent treatment or advice. However, when considering any pre-existing injury or medical condition for which the negligent treatment was being provided, the Court can take into account any likely improvement in the pre-existing injury or medical condition had the malpractice not occurred and the surgery been successful. For example, where a person has a bad back and undergoes back surgery, but suffers further injury to his back due to the negligence of his surgeon, when awarding damages for the negligence of the surgeon, the court will need to take into account the pre-existing back injury which was likely to cause restriction to the patient in their everyday living activities in any event. 


Q. What restriction is there on damages awarded where treatment for sterilisation or contraception fails?  

A. Under the Civil Liability Act 2003 there are restrictions on awarding damages in medical negligence cases where treatment for the prevention of having children fails (e.g. tubal ligation or vasectomy procedure is not effective and a child is conceived following such procedures). A court cannot award any compensation for the normal cost of rearing a child when awarding damages in such cases.


Q. What if I suffer further injury from negligent treatment for injuries already the subject of a personal injury claim?

A. If you suffer further injury due to medical malpractice whilst being treated for injuries from a previous accident for which you have a personal injury claim, then unless the medical negligence causing the further injury is considered to be "gross negligence", you can claim compensation for the further injury sustained from the negligent treatment as part of your original personal injury claim.  There is no need to bring a separate claim for medical negligence in relation to those further injuries. This is because the Courts have decided that when someone suffers injury in an accident, it is reasonably foreseeable that they may be subject to negligent treatment for those injuries, causing them further injury, and it is therefore only fair that they should be able to claim compensation within their original personal injury claim for that further injury sustained - BUT not to the extent where the treatment is grossly negligent.

If the further injury is considered to be the result of "gross negligence" on the part of the medical provider, then compensation cannot be claimed for the further injury caused by the negligent medical treatment, in the original personal injury claim. A separate claim will need to be brought against the grossly negligent medical provider for the further injuries sustained in such case.


Q. What is considered "Gross negligence" in a case of medical negligence?  

A. Gross negligence in medical negligence claims encompasses such cases as where a surgeon amputates the wrong limb during an operation, or operates when heavily intoxicated. It is where the actions of the medical provider indicate a complete lack of reasonable care in providing the medical treatment or advice. 


Q. Is there Government funded care, and what does the National Injury Insurance Scheme do to provide care and support?

A. If you have suffered catastrophic injuries such as severe burns, traumatic brain injury, serious spinal cord injuries, blindness, or multiple amputation injuries from an accident, then under the National Injury Insurance Scheme (NIIS), you could be entitled to government funded care and support. The purpose of the scheme is to ensure those who suffer significant and debilitating accident injuries, are provided with the care and support they need to not only improve the quality of their lives but to also help them feel a valued member of the community. The care and support provided under the scheme includes such things as medical and rehabilitation treatment, medications, care and assistance, transportation, modifications to home and vehicle, prosthetics and medical aids, dental etc.

The NIIS is a no fault scheme and available to all ages. And it does not take away any right to claim compensation or damages in cases where injury is caused by the wrongful act or omission of another and there is entitlement to sue, for e.g. motor accident claimswork injury claimspublic liability claims. Find out more about the National Injury Insurance Scheme for Queensland.


Q. What is Ryan's Rule?

A. Ryan's Rule is named after a 3 year old boy who died in a Queensland Hospital because he did not receive appropriate treatment. The little boy's parents who had been told he was suffering from Mumps, advised hospital staff that something was very wrong with their son and he was in significant pain, but their pleas were not heeded. Ryan passed away within 30 hours of being transferred from Emerald Hospital to Rockhampton Hospital. 

The Coroner's findings were that Ryan had passed away from a serious bacterial infection and that it was likely his death would have been prevented had he been treated with antibiotics and not Panadol as prescribed by treating doctors. Evidence was also given at the Coronial Inquest that junior doctors had raised issue with Ryan's treatment but had been dismissed by the supervising doctor. 

Ryan's Rule was introduced following the tragic death of little Ryan Curtis, in the hope that such a tragedy does not occur again. If you feel that you, your child, relative or someone you care for, are not receiving proper treatment for an injury or medical condition, and you are not being listened to by doctors, then you can invoke Ryan's Rule and seek a second opinion in respect to your diagnosis and treatment. This process is available to any patient, parent, relative or carer where treatment is being provided in a Queensland Health Hospital. To learn more about Ryan's Rule, go the to the following article on our website: Ryan's Rule.


Question not covered here? Contact us and chat with a Lawyer FREE. There is no obligation. Or call us free, or email and we'll be glad to help answer your questions.