Medical negligence claims Queensland

A medical negligence claim in Queensland involves bringing an action against a medical practitioner, allied health professional, medical service provider and/or a facility, due to medical malpractice. Medical negligence claims are often complex, and you will usually have to prove that:

1. you were owed a duty of care by the medical provider;
2. they breached that duty; and
3. you suffered injury or illness, or exacerbation of a prior injury or illness as a result of that breach.

Typically, medical negligence (medical malpractice) claims are brought against:

• doctors;
• general practitioners (GPs);
• specialists (for example, surgeons);
• public and private hospitals;
• nurses and midwives;
• allied healthcare professionals (eg. physiotherapists, chiropractors, dieticians); and
• dentists and associated specialties.

​Who can make a claim for medical negligence?

If you have suffered an injury or illness caused by medical treatment (including a lack of treatment) you received, you may be eligible to sue the medical facility where you received that treatment or the medical practitioner who provided or prescribed that treatment.

Some examples of treatment which may lead to a medical negligence claim include:

• Failure to diagnose an injury or illness;
• Delays in diagnosing an injury or illness; and
• Incorrectly treating an injury or illness.

What compensation can I claim due to medical negligence?

Depending on the medical and other evidence available, successful claims for medical negligence can include an allowance for:

1. pain and suffering;
2. past and future economic loss (including loss of earning capacity and loss of income);
3. medical expenses; and
4. paid and Gratuitous care (where applicable).

Are there any time limits for medical negligence claims in Queensland?

In Queensland, there are strict time limits that apply for a medical negligence claim. 

Generally, a claimant will have three years from the date of their injury to bring a claim against the doctor, allied health professional or medical facility.

How can IM Lawyers help?

Unlike other personal injury claims, a medical negligence action involves preliminary steps before a claimant can proceed with their action to recover damages. The steps in a medical negligence claim are strict and very complex, including providing advanced notice to various parties. Even within the three-year time limit, there are strict timeframes to deliver certain documents, which need to be met.

Expert evidence is necessary to properly advance a medical negligence claim to maximise the chances of a successful claim. Only a solicitor experienced in the conduct of medical negligence claims will be able to thoroughly assess the circumstances of your potential case and advise you in relation to the most appropriate experts to seek the necessary opinions from.

Usually, in medical negligence claims, the medical practitioner and/or the medical facility will have an insurance company which will likely respond to your claim. It's important to remember that the insurance company’s interests are not the same as yours. The insurance company will vigorously defend the medical service provider you are suing, and our lawyers will ensure protect your interests every step of the way.

Due to the complexity of medical negligence claims, it is crucial that expert legal advice be sought from a solicitor who has the necessary experience to handle all aspects of your claim.