Experts in medical negligence & professional malpractice compensation claims servicing Brisbane, Gold Coast & All Of Queensland
If a doctor, hospital or other healthcare facility has failed you in their duty of care and caused you medical negligence as a result of that breach, then you may be entitled to a compensation payout.
This can be proven by providing evidence, which can include anything from medical records and photographs to testimony from medical professionals.
Medical negligence claims often involve complex legal procedures. To ensure you receive a fair amount of damages, speak to The Personal Injury Lawyer medical negligence experts who specialise in accident and medical negligence claims.
To ensure you receive a fair amount of damages, we recommend speaking with a personal injury claim lawyer specialising in accident and medical negligence claims who can help you get the compensation you deserve.
We’ve provided answers to some of the most common questions to help you.
See our medical negligence FAQs below and don’t hesitate to contact our personal injury lawyers at our Brisbane and Gold Coast offices to speak with a medical negligence specialist.
Medical negligence compensation claim service
Medical negligence, also known as malpractice, refers to substandard healthcare. Negligent treatment can involve a broad range of medical failures, including:
Failure to provide appropriate treatment
Failure to take appropriate action based on test results
Failure to perform surgery correctly
Failure to provide appropriate follow-up care
Worsening an existing medical condition
It’s important to clarify that medical negligence is not the same as unsuccessful medical treatment. Even if a patient has access to the highest standard of healthcare in the world, some illnesses and injuries are simply untreatable.
However, accidents do happen and sometimes symptoms are overlooked. This makes filing an injury claim essential if you’re to recover with dignity and not experience unnecessary financial suffering as a result of medical negligence.
Are you in need of a medical solicitor?
The Personal Injury Lawyers specialising in medical negligence who can handle your enquiry for no win no fee. We have offices in Brisbane CBD and on the Gold Coast where our expert personal injury lawyers help people throughout Queensland with their medical negligence compensation claims.
Over the years, we have developed a medical negligence calculator to help gauge what the average payout for medical negligence is. By using this medical negligence claim calculator, we ensure that you receive the biggest medical negligence payout awards.
What is considered "gross negligence" in a case of medical negligence?
Gross negligence in medical negligence claims encompasses such cases as where a surgeon amputates the wrong limb during an operation or operates when heavily intoxicated.
It is where the actions of the medical provider indicate a complete lack of reasonable care in providing the medical treatment or advice. You can prove medical negligence by providing evidence.
This evidence can include anything from medical records and photographs to testimony from medical professionals. Speak to the experienced lawyers that handle medical negligence cases throughout Queensland who can help you with your queries.
Call us free, live chat with a lawyer, email or complete a free instant claim assessment form. All medical negligence matters are dealt with on a no win no fee basis.
Am I eligible for a medical negligence compensation claim?
For your medical negligence claim to be considered legitimate, you will be required to demonstrate:
- You have sustained an injury
- Your injury is directly related to negligent treatment
- Your injury was foreseeable and could have been prevented with a reasonable standard of care
If you’ve delayed making a medical negligence claim because of the costs involved, The Personal Injury Lawyers can help.
Our no win no fee guarantee covers all outlays and upfront expenses, providing you with affordable access to legal representation. Under this arrangement, you won’t be charged any legal costs until your case has been settled. Over the decades that we’ve been practising law, we developed an industry-leading medical negligence compensation calculator, which is used as a starting point when we start investigating the medical negligence compensation payouts you may be eligible for.
How much compensation will I get for a medical negligence claim?
If you seek compensation, our compensation calculator gives a basic indication how much compensation you may be able to claim.
Frequently asked questions about medical negligence compensation claims
Medical negligence claims can include compensation for any of the following:
- Pain and suffering (this term refers to both physical pain and emotional trauma)
- Reduced life expectancy
- Lost income
- Ongoing care costs
- Medical bills
- Home and car modifications
If you intend to make a medical negligence compensation claim for medical malpractice, the first thing you should do is seek our legal advice. Use our medical malpractice calculator as a guide to what injury compensation you may be eligible for. Generally, damages cover things like medical expenses, loss of earnings, any costs associated with rehabilitation and even any alterations made to your home. The latter is considered special damages and it will help you in the long term if you become disabled in any way
Take the first step towards your claim. Use our medical malpractice settlement calculator to give you an estimate of the compensation payout amount you may be eligible for. Then contact us.
After reviewing the circumstances of your case, one of our personal injury lawyers can advise you on what to do next. We have some industry reading experts, who have practised PI law with the aim of helping people get the biggest payout available.
It really can be complex, so it’s essential to speak with a lawyer before making a claim.
It’s also crucial to gather as much medical evidence as you can.
Making an official record of your injuries with a doctor can help verify your medical negligence claim in later legal proceedings.
Yes. Time limits apply to all personal injury claims. To avoid jeopardising your chances of receiving compensation, don’t put off taking legal action.
The sooner you make a claim for compensation, the better.
Some conditions are particularly prone to being misdiagnosed, these include:
- Cancer – Cancer is a complex disease and often presents with seemingly innocuous symptoms. Without proper diagnostic processes, it’s all too easy for cancer to be written off as a more minor condition. For example, lung cancer is commonly misdiagnosed as pneumonia.
- Asthma – Asthma can be confused with common lung inflammations like bronchitis.
- Thyroid conditions – Since they can lead to a deterioration in both physical and emotional health, thyroid diseases are often mistaken for conditions like depression or anxiety.
- Stroke – Spotting the difference between a stroke and a migraine can be difficult due to the similarity in symptoms.
- Celiac disease – People who suffer from celiac disease are allergic to gluten, but they are often misdiagnosed with irritable bowel syndrome.
- Lupus – This inflammatory disease is commonly misidentified for a range of illnesses, including chronic fatigue syndrome and arthritis.
Even if the condition your doctors failed to diagnose wasn’t life-threatening, minor illnesses can still cause serious complications when left untreated.
No matter what kind of misdiagnosis you’ve experienced, our medical negligence lawyers can help you get the compensation you deserve. Contact one of these experts. They’ll guide you through the process, starting with a quick run through our medical negligence settlement calculator.
Courtney was only 25 years old when a surgeon operated on the wrong disc in her spine, causing her to suffer from an increased disability to her spine.
With The Personal Injury Lawyers representing Courtney, her claim resolved for a sum of $632,500.00. Medical mistakes happen, and it’s your right to claim, ask us if you need help.
The cost of making a medical malpractice claim varies from case to case. Your claim expenses will be contingent on how much work it requires.
For example, if the healthcare provider you’re making a claim against is willing to reach a personal injury settlement quickly, you may be able to keep legal fees to a minimum.
On the other hand, extensive negotiations can lead to larger legal bills.
The Personal Injury Lawyers can provide you with a more accurate estimate of the costs involved after reviewing your case. Using our medical compensation calculator, we will assess the amount you may be rewarded for your injury.
Most compensation claims are settled before going to trial.
But if you do end up in court, the lawyer handling your personal injury claim may be able to attend on your behalf.
Even if you’re required to appear in person, being accompanied by legal representation can make this experience less daunting.
The claimant’s insurer will typically pay for any compensation you’re awarded (it’s unusual for individuals to pay for damages out of their own pocket in malpractice cases).
In Australia, all medical professionals are required to be covered by professional indemnity insurance.
This type of insurance is designed to protect service providers against legal costs and can be used to cover damages.
Seeking out legal advice can make the claims process much easier. If you’re thinking of representing yourself, consider the benefits of working with an experienced medical negligence lawyer:
Legal expertise – Having a lawyer on hand to interpret complex legislation can be hugely beneficial when you’re trying to build a case.
Better resources – Medical negligence claims often rely on expert medical testimony.
Working with a lawyer – This can provide you with better access to professionals in the medical field.
Compensation value – Calculating the amount of compensation you’re entitled to is a complicated process. A personal injury lawyer can help you with this step, ensuring your claim is valued correctly.
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Recovering compensation can be difficult if your case lacks a sufficient amount of evidence.
However, The Personal Injury Lawyers can work with you to ensure your case has the best possible chance of success.
If a medical malpractice claim is deemed unlikely to be awarded compensation, it may not be worth litigating.
If the healthcare provider you’re making a claim against is willing to reach a settlement, your injury claim for medical negligence will most likely be settled sooner.
However, if your claim ends up in court, it may take a little longer to resolve.
The medical negligence compensation amounts you’ll receive are based on the extent of your injuries and their impact on your quality of life. Whenever we start a new claims process we go to our medical negligence payout calculator to start the assessment. This allows us to focus on ensuring that clients get the best payout available and one that they deserve.
Gross negligence in medical negligence claims encompasses such cases as where a surgeon amputates the wrong limb during an operation, or operates when heavily intoxicated.
It is where the actions of the medical provider indicate a complete lack of reasonable care in providing the medical treatment or advice.
You won’t have to pay any of our fees if your claim is unsuccessful. However, you may have to cover the legal expenses of the person or organisation you made a claim against.
Before making taking legal action, The Personal Injury Lawyers will ensure you’re aware of the risks involved with this.
The compensation or damages you are entitled to in a medical negligence claim are regulated by the Civil Liability Act 2003.
This legislation provides restriction on certain loss and damage you can claim for generally in a personal injury claim (other than a work injury claim).
The type of loss and damage that you can claim for in a medical negligence claim is as follows:
- Pain and Suffering and loss of amenities of life
- Loss of past and future income arising from your injuries
- Loss of past and future superannuation payments
- Out of pocket expenses incurred due to your injuries (e.g. for medical treatment or medications etc)
- Future medical and out of pocket expenses you will incur due to your injuries
- Care and assistance you require with personal care and domestic duties due to your injuries (thresholds apply)
- Interest on out of pocket expenses, past lost income and past loss of superannuation
For more information on the above, and how compensation and damages in your medical negligence claim are calculated, see What Common Law Damages am I entitled to?
When assessing what compensation should be awarded in medical negligence cases, a Court can only award damages for the further injuries sustained as a result of the negligent treatment or advice.
However, when considering any pre-existing injury or medical condition for which the negligent treatment was being provided, the Court can take into account any likely improvement in the pre-existing injury or medical condition had the malpractice not occurred and the surgery been successful.
For example, where a person has a bad back and undergoes back surgery, but suffers further injury to his back due to the negligence of his surgeon or assisting medical practitioners, when awarding damages for the negligence of the surgeon, the court will need to take into account the pre-existing back injury which was likely to cause restriction to the patient in their everyday living activities in any event.
If you suffer further injury due to medical malpractice whilst being treated for injuries from a previous accident for which you have a personal injury claim, then unless the medical negligence causing the further injury is considered to be “gross negligence”, you can claim compensation for the further injury sustained from the negligent treatment as part of your original personal injury claim.
There is no need to bring a separate claim for medical negligence in relation to those further injuries.
This is because the Courts have decided that when someone suffers injury in an accident, it is reasonably foreseeable that they may be subject to negligent treatment for those injuries, causing them further injury, and it is therefore only fair that they should be able to claim compensation within their original personal injury claim for that further injury sustained – BUT not to the extent where the treatment is grossly negligent.
If the further injury is considered to be the result of “gross negligence” on the part of the medical provider, then compensation cannot be claimed for the further injury caused by the negligent medical treatment, in the original personal injury claim.
A separate claim will need to be brought against the grossly negligent medical provider for the further injuries sustained in such case.
Ryan’s Rule is named after a 3 year old boy who died in a Queensland Hospital because he did not receive appropriate treatment.
The little boy’s parents who had been told he was suffering from Mumps, advised hospital staff that something was very wrong with their son and he was in significant pain, but their pleas were not heeded.
Ryan passed away within 30 hours of being transferred from Emerald Hospital to Rockhampton Hospital.
The Coroner’s findings were that Ryan had passed away from a serious bacterial infection and that it was likely his death would have been prevented had he been treated with antibiotics and not Panadol as prescribed by treating doctors.
Evidence was also given at the Coronial Inquest that junior doctors had raised issue with Ryan’s treatment but had been dismissed by the supervising doctor.
Ryan’s Rule was introduced following the tragic death of little Ryan Curtis, in the hope that such a tragedy does not occur again.
If you feel that you, your child, relative or someone you care for, are not receiving proper treatment for an injury or medical condition, and you are not being listened to by doctors, then you can invoke Ryan’s Rule and seek a second opinion in respect to your diagnosis and treatment.
This process is available to any patient, parent, relative or carer where treatment is being provided in a Queensland Health Hospital.