Medical Negligence Lawyers Brisbane
No win, no fee* on all compensation claims
Learn moreOur Medical Malpractice Lawyers in Brisbane
What is Medical Negligence?
Medical negligence, also sometimes referred to as medical error or malpractice, includes any failure by a healthcare provider to diagnose a condition, a delay in diagnosis of a condition, medical treatment errors or the medical misdiagnosis of a health condition.
If you believe that your treating medical practitioner or hospital has failed you and you have suffered an injury due to their breach of duty of care, or you have not received reasonable care, you may have a claim for damages or a compensation claim.
Our team of medical negligence lawyers in Brisbane are here to help you understand your legal options to prove medical malpractice.
Who can make a Medical Negligence Claim in Brisbane?
You may be eligible to make a medical negligence compensation claim if you have suffered a physical injury or a psychological injury, as the result of medical malpractice. You may also be able to make a medical negligence compensation claim if the medical malpractice results in the death of a loved one.
Common Medical Negligence Claims
There are many different areas in which to prove medical malpractice or negligence has occurred. Some areas include:
- Birth injuries and trauma including, stillbirths and neonatal deaths.
- Incorrect diagnosis or delayed diagnosis.
- Failure to refer for further tests, investigations, treatments or specialist advice.
- Surgical errors and anaesthesia errors.
- Incompetent care after surgery
- Dental malpractice.
- Prescription errors and medication mistakes.
No Win No Fee Medical Negligence Lawyers Brisbane
About our feesAfter we have investigated your claim at no obligation to you, we will make a decision about whether we would be prepared to act for you on a ‘No Win No Fee‘ basis. At that time, our medical malpractice lawyers in Brisbane will provide you with proper written advice regarding your prospects of success.
Under our usual terms and conditions, No Win No Fee simply means that we if take your case on, we will only be paid a reasonable fee for the legal work we have done for you at the end of the claim if you win.
Making a Medical negligence claim
Our team of medical negligence lawyers are here to assist you in making a claim. We can provide you with the appropriate legal advice and represent you in your medical negligence case. To make a successful claim and gain the best medical negligence compensation, we will work with you.
Time Limits Apply
Strict time limits apply to bringing a medical negligence compensation claim so we recommend that you speak with one of our experienced Brisbane compensation lawyers as soon as possible. Before you can start a claim in Court there is a ‘pre-Court’ procedure that needs to be followed. Like all insurance matters, an initial ‘Notice of Claim’ must be given to the at fault party(s). This must be done as soon as possible.
Regardless of whether the pre-Court procedure has been complied with or not, proceedings must be issued in Court within three (3) years of the breach of the duty of care causing injury or loss.
It is therefore very important that you seek legal advice and representation as soon as possible to protect these time limits and your legal right to bring a medical negligence claim.
We will guide you every step of the way
Our Process
Get in touch with us
Tell us what happened, and we will provide you with the various options so you know where you stand.
Free case assessment
All initial case assessments are free. You receive expert advice so you clearly understand your options.
No Win, No Fee
We only get paid at the end of a claim if our clients receive a successful result.
Proving Medical Negligence
The healthcare provider will not be legally responsible for medical treatment that was provided which can be shown to have been widely accepted as being competent professional practice. Therefore it is necessary to obtain independent expert evidence which compares the negligent treatment provided with competent professional practice.
It is slightly different for a case that involves the failure to give proper advice and information about material risks. Although the courts ultimately determine the issue of the scope and duty to give adequate advice, expert evidence again is crucial in working out what advice and information should have been given in the particular circumstances.
I believe I have a medical negligence claim. What can I do next?
Call us on 13 43 63 to organise a free initial consultation with a medical negligence lawyer in Brisbane or contact us online.
Frequently asked questions
Want to know more?
Are there any time limits in making a medical negligence claim?
Before you can start a claim in Court there is a ‘pre-Court’ procedure that needs to be followed. Like all insurance matters, an initial ‘Notice of Claim’ must be given to the at fault party(s). This must be done as soon as possible. Regardless of whether the pre-Court procedure has been complied with or not, proceedings must be issued in Court within three (3) years of the breach of the duty of care causing personal injury claims, or loss.
How long will my claim take?
After investigating your medical negligence claim we will send you advice and a proposal. Our proposal will set out, in plain English, a realistic estimate of how long we believe your case will take to resolve and the likely cost.
Generally speaking, most negligence claims are able to be resolved within 6 to 18 months from when the claim starts. If the case goes to trial (which is highly unlikely) this further legal process can add a further 6 to 12 months to the time estimate.
What else can I claim for?
When your injury or injuries are stable you can also claim compensation (“a damages claim”) to compensate you for:
- pain and suffering
- loss of enjoyment of your life, for example giving up sports or activities
- income you have lost
- income you will lose or may lose in the future
- superannuation you have already lost, will lose or may lose in the future
- future treatment, financial burden and rehabilitation expenses
- care in the form of nursing, home modifications and help around the home or garden
What types of claims are covered?
- Delay in diagnosis;
- Failure to diagnose a medical condition or in a timely manner;
- Failing to refer a patient to a specialist in a timely manner for further investigation;
- Performing a medical procedure negligently causing additional or further damage;
- Causing or making an existing medical condition more severe;
- Misinterpreting or failing to correctly report on test results;
- Failing to provide appropriate follow up care, treatment or advice following surgery.
To recover compensation for injury or loss, the injured person must show the fault of the medical professional or other healthcare provider caused their injury. Some injuries and illnesses are caused by pure accidents that could not have been prevented by the medical provider or other party taking proper care. Likewise, some clear medical errors can not be shown to have caused injury or loss and so no claim is possible. But there are many circumstances where the law will hold a party responsible for injuries caused by neglect.
Who is considered a medical practitioner?
In the context of a medical negligence claim, a medical practitioner can include any individual or institution providing medical care, such as:
- hospitals
- doctors
- surgeons
- nurses
- midwives
- paramedics
- medical assistants
- lab personnel
- radiologists
- dentists
- pharmacists
- cosmetologists
- or other allied health professionals.
Who will pay my medical negligence claim?
If you bring medical negligence compensation claims against a doctor, allied health care provider or hospital, it is most likely that the claim will be covered by the insurance policy that was previously taken out by the doctor, allied health provider or hospital. Very rarely would a medical negligence compensation claim not be covered by insurance.
Will my medical negligence case go to court or settle?
In our experience, very few medical negligence cases end up in court. Only 1% to 2% of our cases proceed to trial or end up in a court room. This is a very small number, which is good for everyone, especially our clients. Very few medical negligence claims require court supervision and the vast majority of these claims are capable of early resolution. This is what our medical negligence lawyers aim to achieve as it keeps the legal costs down and maximises your ‘in hand’ outcome.
Not all medical negligence cases settle, but we have a significant amount of courtroom and trial experience so in the highly unlikely event that your case does go to court proceedings, we have the skill, experience and expertise to take the matter all the way.
How can a lawyer help me with my claim?
Our expert medical negligence lawyers will be able to advise you whether you are eligible to make a compensation claim and what benefits are available to you. We will guide you through every step of the claims process.
Talk to our team
Once you complete the form, here’s what happens next:
Schedule an initial chat
We’ll arrange a time that suits you to speak with one of our lawyers. We can even come to your home or hospital.
Have a conversation about what you need help with
During this no-obligation consultation we’ll listen to your situation and provide initial advice.
Receive our offer
After the consultation, we’ll send you our offer. This will clearly outline your options and let you decide if you’d like to move forward.
"*" indicates required fields
How to contact us
Our team is ready to help
