Medical negligence covers injuries that occur as a direct result of a doctor, physiotherapist, nurse, hospital, medical specialist or health professional failing to provide reasonable care and utilising appropriate skill in the treatment of a patient where such injury could have or should have been foreseen. We are able to assist you to make a claim for compensation under Queensland law for the following damages:-
- Pain and suffering;
- Past, present and future wage loss;
- Past, present and future medical treatment expenses;
- Homecare costs including past and future care;
- Out of pocket expenses generally.
If you have a case that you believe may be medical negligence you also have a right to refer the complaint to the Queensland Health Care Complaints Commission who will independently investigate the claim but do remember they do not generally award any damages for the injury sustained by you. They do investigate matters from a general negligence perspective but their role is much narrower than the role we as lawyers will investigate the matter.
Do I have a Medical Negligence claim?
Negligent medical treatment can occur numerous ways including a failure to diagnose a condition, monitor you appropriately during labour or performing a procedure without reasonable care and skill or in fact not advising you of the risks associated with various treatment and procedures. Often people suffer negligence as a failure of the medical provider to correctly or adequately follow up on test results and/or post operative care.
Common areas of medical negligence cover obstetrics, gynaecology, neurology, infectious disease, urology, paediatrics, emergency medicine, general surgery, orthopaedics, psychiatry, nursing care.
How does one prove Medical Negligence?
This is a difficult matter to prove generally but we engage expert medical evidence from highly specialised doctors, hospital representatives, nurses and general practitioners to provide an opinion as to whether or not the treatment provided by an individual fell below the standard of care that is reasonably expected from such a professional in the same circumstances. If for instance a medical person, nurse, doctor or hospital representative acted in a way considered to be acceptable by a large number of respected medical practitioners this may prove to be an adequate defence but this is a particularly grey area. We will advise you and cover all costs associated with a medical negligence action on a no win no fee basis.
There are strict time limits generally three years within which to bring an action and the protocols for pursuing a claim under medical negligence are covered by PIPA the proceedings under the Personal Injuries Proceedings Act 2002.