A successful medical negligence claim involves four key elements:
A medical professional or healthcare provider owed you a duty of care
They breached their duty of care (because their action or inaction fell below the standard of a similarly trained professional in similar circumstances)
The breach of duty of care caused your injury
You have suffered physical, emotional or financial damage (this might include medical and related expenses, loss of income, pain and suffering)
Why you need medical negligence lawyers in Brisbane, Queensland
Medical negligence claims can be complex and require significant evidence early in the legal process. Shine’s experienced medical negligence lawyers in Brisbane and Queensland are key for your claim because they:
Will listen to what happened to you and provide advice tailored to your circumstances
Understand the complex legal and medical issues involved in your claim
Understand what evidence is needed to prove your claim
Know which medical experts are best to review your injury and assess your future needs
Have a proven record in achieving excellent compensation outcomes
Common medical negligence claims
Some common medical negligence claims where Shine’s trusted medical negligence lawyers in Brisbane and Queensland have successfully represented clients include:
Nervous shock, such as following the death of a loved one due to surgical failures
Common birth trauma and birth injury claims
Our trusted birth injury lawyers and medical negligence lawyers in Brisbane and Queensland have significant experience in representing clients who have suffered catastrophic birth trauma, including:
Medical negligence in pregnancy and birth injury (such as experienced by our clients Annie and Birdie)
Birth injury and birth trauma, including Cerebral Palsy, Hypoxic Ischemic Encephalopathy (HIE) and Erb’s Palsy
Medical negligence in pregnancy or birth medical negligence
Your entitlements
Your medical compensation claim is related to your situation and the evidence available.
A successful claim will often include financial compensation for:
Medical treatment and related expenses
Care and domestic assistance such as gardeners, home and vehicle modifications, nurses and care provided by family or friends etc.
Loss of income
Pain and suffering
Loss of enjoyment of life
How long will it take?
Every case is different so it’s hard to say exactly how long it will take from the outset. We understand how important it is that you receive your compensation as soon as possible so we’ll manage your claim quickly, efficiently and accurately.
Time frames vary between states and territories in Australia. After your initial consultation, our legal team will be able to give you a better idea of timeframes.
Fees
Everyone has the right to stand against injustice regardless of their financial situation.
That’s why we provide our medical negligence services on a No Win, No Fee* basis, ensuring survivors don’t need to worry about out-of-pocket legal expenses.
Depending on the circumstances of your medical negligence injury, birth trauma or birth injury claim, you may be eligible for other forms of compensation. Our experienced medical negligence lawyers in Brisbane and Queensland will help you understand your claim options. They could include:
Preparing for a medical negligence claim in Queensland
There are important steps to follow when preparing to make a medical negligence claim in Queensland (including for birth medical negligence and medical negligence in pregnancy).
Evidence of injury and loss
Request copies of your medical records, any formal complaints or coronial documents
Keep a record of your medical expenses and lost wages
Keep copies of any communication from those responsible for your injury (e.g. emails, letters and notes of phone conversations)
Check if you have a claim with our simple, free online tool
What we will ask
Details about your treatment by a medical or healthcare professional
Basic personal information that is relevant and necessary for your claim
What happens next
Book a no-obligation appointment with an experienced medical negligence lawyer in Brisbane or Queensland, or
Speak with our team about your options
No Win, No Fee*
We do our best up-front to make sure you understand your legal claim, including whether your claim is on our No Win, No Fee* basis.
Do I need medical negligence lawyers No Win No Fee*?
The complexity of proving medical negligence means it’s important to have experienced medical negligence lawyers No Win No Fee* on your side, to advocate for you and maximise your entitlement to compensation.
If you can’t find a branch near you, we can easily:
Arrange an obligation-free virtual appointment, or
Discuss meeting somewhere comfortable and convenient for you.
No matter where you are located, our trusted medical negligence lawyers in Brisbane and Queensland will always provide experienced advice and manage your claim with the same level of quality and commitment.
Why trust Shine to be my medical negligence lawyers in Brisbane and Queensland?
Shine Lawyers has helped over 100,000 clients receive $10 billion in compensation.
95% of the cases we represent are settled without the stress of going to court.
What is the average payout for medical negligence in Australia?
Medical negligence claim settlement amounts vary between thousands to millions of dollars, due to factors such as injury complexity and impact and a person’s individual circumstances. These can include:
Your capacity to work
Your quality of life and enjoyment of activities
Your ability to complete activities of daily living (such as whether you require domestic care and assistance)
Whether you require ongoing medical treatment
How many medical negligence cases go to court?
Proving medical negligence can be complex, so getting legal advice from experienced medical negligence lawyers in Brisbane and Queensland is important.
The number of medical negligence cases that proceed to court varies from year to year and across different jurisdictions. In Australia, a significant number of medical negligence claims and birth injury claims are resolved outside of court through negotiations between the parties involved.
Shine Lawyers acknowledges the Traditional Custodians of the Country throughout Australia and their connections to land, waterways and community. We pay our respects to Aboriginal and Torres Strait Islander cultures; and to Elders past, present and emerging.