Medical Negligence Lawyers in Queensland and WA

If you think you’ve received incorrect or inadequate medical treatment in Queensland or Western Australia, you may be able to make a claim for compensation.

You may be able to make a claim if your doctor or healthcare professional did not:

• Diagnose a condition at all or within a reasonable amount of time
• Treat your condition or refer you to a specialist as soon as possible
• Monitor your condition
• Perform a medical procedure with reasonable care and skill
• Advise you of the risks associated with, for example, an operation
• Report correctly or follow up your test results
• Provide reasonable care after your operation

Examples of medical negligence or medical malpractice claims include:

• Not testing properly for conditions such as Down’s Syndrome
• Poor pregnancy and labour management resulting in injuries
• Cerebral Palsy Compensation Claims
• Errors during an operation, including damage to internal organs or nerves and not providing proper care after the operation
• Anaesthetic issues
• Nerve injuries during surgery
• Birth injuries
• GP negligence
• Hospital negligence
• Medication Errors
• Orthopaedic surgical errors

A medical negligence claim can be brought against a healthcare professional or facility that you think has caused or contributed to your suffering or injury.

This could include:

• Public and private hospitals
• Doctors
• General Practitioners (GPs)
• Surgeons
• Radiologists
• Nurses
• Dentists
• Midwives
• Pharmacists
• Orthopaedic surgeons
• Allied healthcare professionals, such as chiropractors and physiotherapists

Medical negligence claims in Queensland or Western Australia can be brought forward in the following areas:

• Obstetrics
• Gynaecology
• Neurology
• Infectious diseases
• Urology
• Paediatrics
• Emergency medicine
• General surgery
• Orthopaedics
• Psychiatry

Medical negligence law varies between most states and territories in Australia.

In Queensland, typically three things need to be established to make a claim:

• The doctor or hospital’s treatment did not meet Australian standards
• The poor treatment resulted in suffering or injury to you
• The physical or psychological harm was a direct result of the negligence.

Medical negligence laws in Queensland have strict starting points to establish how severe or significant an injury must be before you can make a claim.

Queensland and Western Australia law recognise that doctors need to make difficult decisions under extreme pressure – however negligent medical treatment goes beyond making a simple mistake.

You will need to show that the treatment fell below the standard of care reasonably expected from a professional.

If the doctor, practitioner or hospital acted in a way that would be acceptable to another reasonable practitioner in that same area of medical practice, then you may not be able to make a claim.

All medical practitioners are required by Queensland and Western Australia law to have Professional Indemnity Insurance (PII), so in the event of an accident or injury in these states, it’s the insurance company that pays you the compensation rather than the doctor or facility directly.

Each claim is different but compensation is generally available in Queensland and Western Australia for:

• Pain and suffering as well as loss of enjoyment of life
• Loss of life expectancy
• Past and future loss of earnings
• Care and help provided by friends or family
• Paid care and help such as nurses, gardeners, etc
• Past and future medical expenses, such as surgery and equipment
• Home and car modification expenses
• Costs associated with a trustee managing your money

Compensation amounts are calculated based on the harm or loss you suffer, rather than the degree of negligence.

The amount you will be able to claim under Queensland and Western Australia law will depend on the particular facts of your situation.

Once a lawyer puts together all of the evidence, they should be able to give you a better idea of what to expect.

How long your medical negligence compensation claim can take in Queensland and Western Australia can depend on a number of things, for example how complex your particular situation is.

Once a lawyer knows the ins and outs of your case they can give a better idea of the timeframes involved with your claim.

Under Queensland and Western Australia law there is a three-year time limit in which to claim compensation.

The three years run from the date of the medical negligence or in some cases, from the date the negligence was first discovered.

It’s possible for a claim to be made outside the prescribed time limits if the injury or harm was not found immediately.

We recommend that you seek legal advice as soon as possible to ensure your right to a claim is not lost due to a time limit.

We work on a No Win No Fee* basis for all medical negligence claims in Queensland and Western Australia, so you’ll only pay our fee if you win your case at the end of the claim.

Your legal costs will be determined by the amount of work required to resolve your claim.

*Conditions apply

Shine Lawyers have offices in the following locations in Queensland and Western Australia. As part of our service offering, home or hospital appointments can be arranged at your convenience.

Shine Lawyers are expert medical negligence lawyers that can help you get the compensation you need under Queensland and Western Australia law.

The below links contain further information regarding your legal options.

Why you should choose Shine Lawyers

Hear from some of our clients

History of Shine Lawyers

The Shine Lawyers team

Shine Lawyers also have accredited specialists in personal injury law across Queensland:

Accredited Specialists - Queensland

Simon Morrison

Managing Director and Chief Executive Officer

Brisbane, Queensland

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Jodie Willey

Chief Operating Officer

Brisbane, Queensland

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Roger Singh

National Practice Leader | Asbestos and Dust Diseases

Brisbane, Queensland

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Melissa O'Neill

National Practice Leader | Superannuation & Disability Claims

Brisbane, Queensland

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Amanda Gilmour

Associate

Robina, Queensland

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Bree Smith

Legal Practice Manager

Logan, Queensland

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