An adverse outcome from medical treatment is, in our experience, one of the most debilitating injuries that can be suffered in the area of injury compensation.
Medical negligence (sometimes called malpractice) arises when a patient of a doctor or hospital or other medical provider provides treatment that falls short of the required standard and causes injury/financial loss.
You do have rights if you have been a victim of medical negligence or malpractice.
You can bring a claim against the medical practitioner, hospital or other medical provider and our Medical Negligence Lawyers can help. Very strict time limits apply and we recommend that you act without delay.
As part of the medical negligence process it is important to find out what went wrong in the treatment or medical procedure. It is also imperative to ascertain why it went wrong. This is important for your negligence claim but also for your own wellbeing.
The Claim
In order to succeed with a medical negligence claim it is simply a matter of establishing that the medical treatment you received fell short of the standard of a reasonably competent practitioner. You can recover compensation due to malpractice for the following:
- Damages for pain and suffering due to medical negligence
- Lost wages/income (past and future) as a result of malpractice
- Medical expenses (past and future)
- Miscellaneous out of pocket expenses
Time limits apply
Strict time limits apply to bringing a claim so we recommend that you speak with one of our experienced Medical Negligence Lawyers as soon as possible.
For a free initial discussion with one of our expert Medical Negligence Lawyers, telephone our Brisbane office (07) 3236 9169 or complete the case review form on this page.
Medical Negligence Frequently Asked Questions
Can I Recover My Medical and Rehabilitation Bills Up Front?
How Long Will a Medical Negligence Claim Take?
Once the specialist medical evidence is obtained, it is then a matter of assessing the value of the claim.
In our experience, most straightforward cases are completed between 12 months and 2 years from the date of the accident.
If there is something peculiar about your case or it is more complicated, it could take longer.
Is There Any Other Body I can Complain to About the Poor Medical Treatment I Have Received
If I Bring a Medical Negligence Claim Against the Doctor or Hospital at Fault, do They Have to Pay?
No, the doctor or hospital will have an insurer. The claim will be handled by that insurer and the damages will be paid out by that insurer.
Is it Worthwhile Bringing a Medical Negligence Claim
There is only way to find out and that is to seek legal advice. We recommend you at least telephone a Personal Injury Specialist and seek advice. An answer to this question can often be given over the phone in a free initial telephone consultation.
Will I Need to go to Court or Can it be Settled out of Court?
The vast majority of cases settle out of Court. In fact less than 2% of damages claims reach the inside of a Court room.
The majority of cases are resolved at a compulsory settlement meeting that must be held between the parties before Court proceedings can be issued. If the matter does not resolve at the compulsory settlement meeting, that does not mean it will reach the inside of a Court room. There are still opportunities to resolve the matter after Court proceedings are issued and before the matter reaches Court.