If you’ve been injured on the Gold Coast due to the negligence of a medical provider or facility, we can take action for your medical negligence claim and right wrong.
What is medical negligence in Queensland?
Medical negligence is when a medical practitioner or provider fails to take reasonable care to avoid causing physical or psychological injury, loss or suffering to their patient. To make a medical negligence claim it’s important to seek legal advice early. You need to provide significant evidence of your injury early in the claims process. Our medical negligence lawyers on the Gold Coast and nationwide can assist you in this process.
Duty of care
Medical professionals have a duty to take reasonable care of their patients’ safety, throughout their treatment or procedure. A medical procedure may come with a range of risks, which a patient consents to. Sometimes a patient may not be happy with the outcome of their treatment, but that doesn’t mean the medical professional has been negligent.
Medical negligence happens when:
The medical professional or medical facility failed to meet a reasonable standard of care
That failure caused a person’s physical or psychological injury or loss
What are some examples of medical negligence?
According to the University of NSW, around 50,000 suffer permanent injury each year from medical error and up to 18,000 die. You may experience medical negligence if a medical professional failed to:
Advise you of the risks associated with medication, surgery or a procedure
Diagnose a medical condition correctly
Perform important investigations or delayed further investigations
Perform a medical procedure or surgery with reasonable care and skill
Report correctly or follow up on your test results
Where on the Gold Coast can we help you with your medical negligence claim?
If you’re on the Gold Coast and have been injured because of medical negligence, Shine Lawyers can help with your compensation claim. Our national and Gold Coast medical negligence lawyers can help you understand your rights and entitlements to compensation for any injury you’ve suffered due to medical negligence.
It’s important to know that strict time limits apply, so get in touch today with our friendly Gold Coast team in Robina or at one of our other locations across Australia.
Making a claim for medical negligence on the Gold Coast
Medical negligence claims can be quite complex. Getting the right legal advice from experienced medical negligence lawyers on the Gold Coast and across Australia is recommended, from the earliest stage.
Under Queensland law, before making a medical negligence claim you must:
Give notice requiring your doctor (or the medical facility where you were treated) to provide copies of all relevant medical records
Obtain a report from a suitably qualified and independent expert
The ‘medical incident’ causing your injury or loss means an accident, act, omission or circumstance involving a doctor, which happened during the provision of medical services.
Strict time limits apply for making a medical negligence claim
There are strict legal timelines for:
Giving the notice referred to above
Making a claim for injury compensation for medical negligence in Queensland
Different time limits apply if you’re the parent or legal guardian claiming compensation for a child injured through medical negligence. Speaking early with a medical negligence lawyer on the Gold Coast is recommended, to ensure you follow the correct process and claim within time.
What are common types of Gold Coast medical negligence claims?
At Shine Lawyers our medical negligence lawyers on the Gold Coast and around Australia have represented clients who have been suffered injury because of medical treatment. Your medical incident may have involved a GP or a specialist such as a:
Cardiologist
Gynecologist
Emergency physician
Obstetrician
Orthopedic surgeon
Urologist
Our Shine medical negligence lawyers on the Gold Coast and in Queensland have represented clients and their families whose physical or psychological injury and loss have included:
Your medical negligence compensation claim is related to your situation and the evidence available.
A successful claim may include financial compensation for:
Medical treatment and related expenses
Care and domestic assistance such as home and vehicle modifications, nurses and care provided by family and friends
Loss of income
Pain and suffering
Loss of enjoyment of life
How long will it take
The circumstances for each medical negligence case are different so the time can also differ. We understand how important it is that you receive any compensation entitlements as soon as possible, so we’ll manage your claim quickly, efficiently and accurately.
After your initial obligation-free consultation, our medical compensation lawyers can give you a better idea of the timeframe for your case.
Fees
Ensuring access to justice is important to us. That’s why we offer our medical negligence legal services on a No Win, No Fee* basis. This means you won’t have to worry about legal fees unless we receive a successful outcome for you.
*Conditions apply
Who is my claim for medical negligence against?
Your claim for medical negligence would be against the medical professional or organisation who failed in their duty of care to you as their patient, causing you to suffer physical or psychological injury or loss.
Preparing for a medical negligence claim on the Gold Coast
Document the incident
Obtain your medical records from the doctor responsible for your injury
Detail the date or dates of the medical incident
Detail the location of the medical incident (eg which hospital or medical facility)
Record any expenses or lost income incurred because of your injuries
Keep any communication you receive from the doctor, practice or facility responsible for your injury
Obtain any related records or investigations
This may include formal complaints you have already made about the doctor or organisation responsible for your injury, or coronial documents if you are claiming for the wrongful death of a loved one.
Contact Shine Lawyers
Find out if you have a claim or contact us for a no-obligation legal consultation.
Check if you have a claim with our simple, free online tool
What we will ask:
Details about the accident and injuries that may have happened to you or your loved one
Basic personal information that is relevant and necessary for your claim
What happens next:
Either book a no-obligation appointment with a medical negligence expert right away or,
Speak with our team about your options
Claim process
We listen and assess your case confidently
During an obligation-free initial consultation we’ll listen to what happened during your medical incident and understand your injuries impact on your life. We will fully explain the claim and legal processes so that you understand your rights and feel in control.
We'll build your case and keep you informed
Your medical compensation lawyers will work with you to gather all the evidence needed to support your medical negligence claim. All evidence will be considered so we can assess your options and provide guidance tailored to your specific situation.
We’ll negotiate to settle your claim early
We will seek to negotiate your claim to encourage a resolution without the matter going to court.
We know that you’ve been through enough. Wherever possible we will seek to minimise any stress this process could have for you and resolve your claim in a way that is sensitive to your needs.
If required, go to court
Only a small percentage of medical negligence cases result in a court hearing. If this happens, we will be by your side; providing support, compassion and skilled legal representation every step of the way.
We will work closely with your family, primary care providers and / or your medical support team to reduce stress or inconvenience wherever possible.
Resolve your case
We will passionately work to deliver the outcome and compensation you deserve.
No Win, No Fee*
We do our best up-front to make sure you understand your legal case, including whether your case is on our No Win, No Fee* basis.
We’re here to make the claims process as simple and stress-free as possible.
FAQs
Can I represent myself, or do I need a medical negligence lawyer on the Gold Coast?
It’s possible to make a medical negligence claim yourself, however expert legal representation is recommended from the earliest stage.
The process for making a successful compensation claim for medical negligence can be complex. There are strict time limits for providing notice to your doctor and for making a claim. You’ll need a medical assessment by an independent expert to progress your claim. Without the right advice and support from your medical negligence lawyer on the Gold Coast and in Queensland, you may not receive the compensation you’re entitled to.
Is there a medical negligence lawyer near me?
With more than 40 branches across Australia and 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. Our Gold Coast medical negligence team is in Robina.
If you can’t 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, we will always provide the same, expert advice and manage your claim with the same level of quality and commitment.
Why trust Shine to be my medical negligence lawyers?
We have helped thousands of Australians right wrong and access more than $1 billion per yearin 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.
Shine Lawyers acknowledges the Traditional Custodians of the Country throughout Australia and their connections to land, waterways and community. We pay our respects to Aboriginal and Torres Strait Islander cultures; and to Elders past, present and emerging.