If you have received medical care or treatment in Queensland that fell below the standard of care reasonably expected, and this has resulted in loss or harm to you, you may be entitled to bring a medical negligence claim for compensation.
Shine Lawyers' medical negligence legal service extends to include:
Our expert medical negligence team has represented countless individuals in claims for medical negligence arising from insufficient care and treatment of general practitioners, hospitals, specialists, nurses and midwives.
Our specialist service extends to all types of injuries suffered from medical negligence, including the following:
- Brain injuries – Brain injuries can arise from surgical error or mismanagement. In severe cases, they can result in a stroke or infections of the brain, such as Meningitis.
- Spinal injuries – Errors in diagnosis of a spinal condition, or mismanagement of spinal surgery, can result in spinal abscesses, infections or debilitating conditions such as Cauda Equina Syndrome.
- Amputation - Poor vascular management (such as mismanagement of blood clots) and compartment syndrome can lead to the loss of a limb.
- Cardiac damage – Cardiac harm can result from a range of negligent practices, such as delayed or misdiagnosis of congenital defects or cardiac conditions, mismanagement of the patient during surgery, or anaesthesia errors.
- Incontinence - Continence issues from bladder or bowel perforations often arise from surgical error or mismanagement of a complication from a procedure.
- Neurological damage – Mismanagement of an infection resulting in sepsis or septic shock can lead to lasting neurological injury.
We also represent families of loved ones where a parent has passed away due to mismanagement of a medical condition or surgical error resulting in their death, and families of children born with disabilities due to mismanagement of the pregnancy or labour or a delayed diagnosis of a condition developing in utero. Many of these families have children with a diagnosis of Cerebral Palsy.
The medical negligence legal process
The medical negligence legal process can be quite complex and bringing about a claim for compensation in Queensland requires expert knowledge of the law.
No two medical negligence claims are the same. However, the below video provides a simple, general guide to the legal process for bringing a claim for compensation:
This page is written specifically for a Queensland 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
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, 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.
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
- Sunshine Coast
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
Melissa O'Neill, Brisbane
Michelle Wright, Springwood
Roger Singh, Brisbane
Simon Morrison, Brisbane
Latest from the blog
Compensating victims of child sexual abuse: Where is the National Redress Scheme?
Since the Royal Commission into Institutional Responses to Child Sexual Abuse handed down its final report, Shine Lawyers has strongly supported the recommendation to implement a national redress scheme, providing compensation for victims of institutional sexual abuse. Shine first made a submission in relation to the scheme in May 2015 and stands by this recommendation […]Read more
Casual vs. permanent part-time: What it means for your workplace rights
Whether you’re searching for a new casual job or experiencing problems at your current workplace, understanding what your employment status means is critical for protecting your rights at work. Your entitlements change depending on your type of employment, so it’s important to be aware exactly what it means to be a part-time or casual worker. […]Read more
Sporting accidents and injuries: What are your legal rights?
Every year, over 17 million Aussies participate in sport. Whether it’s a hit of tennis, a game of social touch or a few laps at the local pool, sport is a great way to take care of your body and your mind. Every fan knows that sport comes with an inherent risk of accident and […]Read more