Medical negligence, also known as medical malpractice or health law, covers injuries that occur as a direct result of a medical facility or health professional.
If a Queensland or Western Australia (WA) healthcare worker doesn't take reasonable care or skill in the treatment of your injuries, then you may be able to claim compensation under Queensland or WA law.
The medical negligence legal process
The medical negligence legal process can be quite complex and bringing about a claim for compensation in Queensland or Western Australia requires expert knowledge of the law. No two medical negligence claims are the same, however the below image gives a good representation of how the legal process works and how you may be able to access compensation after what's happened.
How medical compensation is calculated
Depending on the nature of your medical negligence or medical malpractice claim, generally speaking, a monetary value is placed on the gap between your predicted life path before the injury, and your actual life path since the injury.
This page is written specifically for a Queensland or Western Australian audience. Restrictions in these states prohibited us from showing certain information regarding our legal services, so if you are located outside these states please click here for information on medical negligence law.
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Common questions about Medical Negligence Lawyers in Queensland & WA
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
This could include:
- Public and private hospitals
- General Practitioners (GPs)
- Orthopaedic surgeons
- Allied healthcare professionals, such as chiropractors and physiotherapists
- Infectious diseases
- Emergency medicine
- General surgery
In Queensland and WA, 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 and WA have strict starting points to establish how severe or significant an injury must be before you can make a claim.
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.
- 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.
Once a lawyer puts together all of the evidence, they should be able to give you a better idea of what to expect.
Once a lawyer knows the ins and outs of your case they can give a better idea of the timeframes involved with your claim.
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.
Your legal costs will be determined by the amount of work required to resolve your claim.
- Gold Coast
- Hervey Bay
- North Lakes
- Stones Corner
- Strathpine - Westfield
- Sunshine Coast
- Toowoomba - Kitchener Street
- Toowoomba - Russell Street
The below links contain further information regarding your legal options.
Why choose Shine
Meet the team
Shine Lawyers also have accredited specialists in personal injury law in Queensland:
Jodie Willey, Brisbane
Kathryn Rayner, Townsville
Lisa Kinder, Toowoomba
Matt Forbes, Brisbane
Melissa O'Neill, Brisbane
Michelle Wright, Springwood
Peter Matus, Bundall
Roger Singh, Brisbane
Simon Morrison, Brisbane