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Medical negligence - Queensland

We are ready to take action, supporting your choice to hold negligent healthcare professionals and medical practitioners to account and right wrong.

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Making a medical negligence claim in QLD 

When medical treatment falls below a reasonable standard and results in harm or injury, this is known as medical negligence. If you have been failed by a healthcare professional or hospital in Brisbane and Queensland, you may have grounds for compensation. 

You may have experienced medical negligence if a health professional has failed to:  

  • Advise you of the risks associated with medication, surgery or procedures 

  • Diagnose a condition at all or in a timely way 

  • Wrongfully diagnose a medical condition or issue

  • Perform important investigations or monitor you appropriately 

  • Perform a medical procedure with reasonable care and skill 

  • Report correctly or follow up your test results 

  • Treat your medical condition in a proper manner 

Medical negligence claims can be quite complex, that’s why getting the right legal advice from an experienced medical negligence lawyer is important. With over 105 years of collective experience, our Medical Law team have a proven record in achieving outstanding results for our clients and practice exclusively in this area of law. This focused approach means we have a unique understanding of both the legal and medical aspects of a medical negligence claim and can ensure our clients receive the very best outcome possible.  

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. 

*Conditions apply.

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Common claims

There are many different areas in which medical negligence can occur. Our team have represented clients who have been wronged in the course of receiving care by: • Cardiologists • Gynaecologists • Emergency medicine • Obstetricians • Orthopaedists • Paediatrists • Urologists

Our team have represented individuals and their families who have suffered injury and loss and have experience of: • Amputation • Birthing injuries • Cauda Equina Syndrome • Cerebral PalsyDeath of a loved one

Illness and infectious diseases such as: • Medical misdiagnoses of illness and disease • Brain injuries from infection • Medication errorsMental health

Surgical errors such as: • Anaesthesia errorsBowel and oesophageal perforation Head injuries Spinal injuries • Major complications from plastic and cosmetic surgery

Additional Claim Types

Depending on the circumstances of your claim you may be eligible for other forms of compensation. Our expert team will help you understand your claim options. They could include: 

Preparing for a medical negligence claim 

When preparing to make a claim there are some important steps you need to take.

Document the incident

  • Obtain your medical records where possible. 

  • Record any expenses or lost wages due to your injuries.

  • Keep any communication that you received from those responsible for your injury.

Obtain any related records or investigations

This may include formal complaints or coronial documents.

Contact Shine Lawyers

Find out if you have a claim or contact us for a free no obligation legal consultation.

Check if you have a claim with our simple, free online tool

What we will ask:

  • Details about the accident and injuries that may have happened to you or your loved one 

  • Basic personal information that is relevant and necessary for your claim

What happens next:

  • Either book a no-obligation appointment with a medical negligence expert right away or,

  • Speak with our team about your options

Claim process

We listen and assess your case confidentially

During an obligation-free initial consultation we’ll take the time to listen and understand your individual needs. We will fully explain the legal process to you so that you understand your rights and feel in control. 

We’ll build your case and keep you informed

Your go-to legal team will work with you to gather all the evidence needed to support your medical negligence claim. All evidence will be considered so we can assess your options and provide guidance tailored to your specific situation.

We’ll negotiate to settle your claim early

We will seek to negotiate your claim to encourage a resolution prior to the matter going to court.   

We know that you’ve been through enough. Wherever possible we will seek to minimise any stress this process could have for you and resolve your claim in a way that is sensitive to your needs.

If required, go to court

Only a small percentage of cases result in a court hearing. If this happens, we will be by your side; providing support, compassion and skilled legal representation every step of the way. 

We will also work closely with your family, primary care providers and/or medical support to reduce any stress or inconvenience from this process wherever possible.

Resolve your case

We will passionately work to deliver the outcome and compensation you deserve.

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.  

*Conditions apply

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We're here to help

We’re here to make the claims process as simple and stress-free as possible.

FAQs

What is medical negligence?

Medical negligence occurs when a medical practitioner or provider fails to adhere to their duty of care resulting in loss, injury or suffering.

Can I represent myself, or do I need a medical malpractice lawyer?

It is possible to legally represent yourself when making a claim however, doing so successfully will likely require a thorough understanding of the law, your legal rights and entitlements, and a commitment to actively pursue the case to move it forward.   

Independent expert evidence is needed to progress your claim and this can be difficult for an individual to obtain.

Without the right legal advice and support, you then may not receive the compensation you're entitled to.

Is there a medical negligence lawyer near me?

With more than 40 branches across Australia and 1000+ team members, location is no barrier when it comes to accessing Shine Lawyers' legal advice and support. 

If you’d like to speak to our medical negligence team in person, you can see our full list of locations here. 

If you aren't able to find a location near you, we can easily arrange an obligation-free virtual appointment or discuss the option to meet at a location that’s comfortable and convenient for you. No matter where you are located, we will always provide the same, expert advice and manage your claim with the same level of quality and commitment.

Why trust Shine to be my medical negligence lawyers?

We have helped thousands of Australians right wrong and access more than $1 billion per year in entitlements and compensation through our expert services.  

95% of the cases we represent are settled without the stress of going to court.

We offer access to affordable legal advice including on a No Win, No Fee* basis and an obligation-free initial consultation so you can understand your rights and know where you stand.

*Conditions apply

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