Medical Negligence

Has a medical practitioner failed to:

  • Diagnose you at all or within a reasonable time frame?

  • Perform a medical procedure without reasonable care and skill?

  • Treat your medical condition appropriately or refer you to a treating specialist within a reasonable time frame?

  • Warn you of the risks associated with your procedure?

If you answered yes to one of these questions you may have a medical negligence claim.

Contact us today on 1300 LAWYER or complete our online enquiry form to find out how we can help you through this difficult time.

FAQ

Do I have a Claim?

To establish medical negligence you must show:

  • The medical providers treatment fell below the acceptable standard of care;
  • As a direct result of this treatment you suffered physical or psychological harm.

If you have not suffered physical or psychological harm as a direct result of the treatment you cannot have a successful medical negligence claim even if the treatment provided to you was negligent.

What time limits apply?

There are strict time limits that apply to medical negligence claims.

If you do not commence a claim in the Court within three (3) years you could be prevented from making a claim for compensation.

While this may seem like a long time, there are numerous pre-proceeding procedures that must be complied with prior to commencing a claim in Court.

Contact us today to ensure that you do not lose your right to claim compensation.

What happens if my symptoms or the negligence does not become apparent until after the three year time limit has expired?

From the time the symptoms or negligence came into your knowledge you have a strict one (1) year time limit to commence a claim in the Court.

If this has happened to you we suggest you contact us immediately to ensure that you do not lose your right to claim compensation.

Who pays the compensation in my legal action?

By law a medical practitioner must hold professional indemnity insurance, therefore it is the medical practitioners insurance company which pays the compensation amount.

What can I claim for?

If you have sustained physical or psychological harm claimable through medical negligence, depending on your circumstances you may be able to claim for the following:

  • Pain and Suffering & Loss of enjoyment of life
  • Past loss of earnings
  • Future economic loss that you may incur due to your injuries
  • Past and future rehabilitation, Hospital and medical expenses

In some cases you can also claim where you require care and assistance to be provided (either paid or unpaid), though certain criteria must be met.

We are independent lawyers acting for everyday Queenslanders

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