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Medical Negligence Lawyers in Queensland & WA

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 Shine Lawyers' medical negligence legal service also extends to include misdiagnosis claimsCerebral Palsy claims, anaesthesia errors and cases of Cauda Equina Syndrome.

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.

Common questions about Medical Negligence Lawyers in Queensland & WA

If you think you’ve received incorrect or inadequate medical treatment in Queensland or WA, 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 and WA 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 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.
Queensland and WA 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 or WA 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 or WA 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 or WA 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 or WA 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 WA 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 WA, 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.
Shine Lawyers have offices in the following locations in Queensland and WA. As part of our service offering, home or hospital appointments can be arranged at your convenience.

Queensland

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

The below links contain further information regarding your legal options.

Why choose Shine
Client stories
Our history
Meet the team

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

cerebral palsy lawyers queensland

Jodie Willey, Brisbane
Kathryn Rayner, Townsville
Melissa O'Neill, Brisbane
Michelle Wright, Springwood
Roger Singh, Brisbane
Simon Morrison, Brisbane

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