Medical negligence - Queensland

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

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.

With more than 40 branches across Australia and nearly 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.

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

The amount of a medical negligence claim settlement varies depending on the complexity of injury and the extent of its impact on your life, your individual circumstances and the state or territory in which you’re injured.

When assessing the value of your claim, several aspects of your injury are considered, including: 

• The impact of your injury on your on your life, including the reduction in quality of life and enjoyment in activities

• The impact of your injuries on your capacity to work 

• The impact on your ability to complete activities of daily living, including whether you have required care and assistance, and

• Whether you require ongoing medical treatment

These factors collectively influence the compensation provided in medical negligence cases, with settlements or judgments ranging from thousands to millions of dollars based on the specific circumstances of each case.

Proving medical negligence can be complex, so getting legal advice from experienced medical negligence lawyers is important.

The number of medical negligence cases that proceed to Court can vary significantly from year to year and across different jurisdictions. In Australia, a significant proportion of medical negligence claims are resolved outside of court through negotiations between the parties involved.

An experienced medical negligence lawyer can help with your claim and with settlement negotiations.

In Western Australia, the Limitation Act 2005 restricts the time you have to proceed with a personal injury claim for compensation.

A claim for personal injury compensation cannot be made if it has been three (3) or more years since the date the negligence and the injury occurred.

However, if the person making the claim was under fifteen (15) years of age at the time of the injury, they have six (6) years from the date the injury occurred to make a claim. If the person making the claim was aged fifteen (15), sixteen (16) or seventeen (17) years at the time of the injury, they must make a claim before their twenty-first (21) birthday. However, with all of this in mind, there are certain circumstances under which an extension of the time limits may be granted. An experienced medical negligence lawyer can assess your circumstances and discuss what options are available to you for pursuing a claim beyond the standard time frames.