Medical Negligence Lawyers, Brisbane QLD
Receiving medical treatment is a deeply invasive experience for many patients. When your healthcare provider breaches your trust and neglects to inform you about the risks of an operation or makes an error during surgery, it can impact you both physically and psychologically. This form of medical malpractice can happen to anyone, with Queensland Health paying out over $390 million between 2018 and 2023 for medical negligence claims.
Our team at WT Compensation Lawyers is committed to compassionate compensation – giving genuine legal service that enriches the lives of our clients. We offer expert legal advice for personal, work, motor vehicle, and public liability compensation claims. We’ve put together this guide to help you understand medical negligence, what you can claim, and the legal process involved.
Key Takeaways
- Medical negligence occurs when a healthcare provider fails to meet the standard of reasonable care for their patient.
- Examples of negligence or malpractice include surgical errors, misdiagnosis, childbirth complications, and medical prescription errors.
- The medical negligence claim process requires consultation with lawyers and medical specialists, as well as evidence before and after the treatment.
- You should file your claim within 3 months of the treatment date, or within 3 months of when you discovered signs of negligence.
What is Medical Negligence?
Medical negligence, sometimes referred to as medical malpractice, happens when a medical practitioner fails to meet a standard of reasonable care which results in harm or injury to their patient. You can experience medical negligence in many different ways while you’re a patient under a practitioner’s duty of care. Moreover, many physical and psychological injuries can be classified under medical negligence, as long as the healthcare provider breached their duty of care.
What can you Claim from Medical Negligence Compensation?
You can claim several types of compensation as a result of medical negligence, including economic and non-economic damages. This compensation can be in the form of the following:
- Medical expenses
- Loss of earnings
- Funeral expenses (as a result of wrongful death)
- Loss of consortium
- Pain and suffering
- Loss of enjoyment in life
What are Common Medical Negligence Claims?
The most common medical negligence claims are misdiagnosis, prescription errors, and surgical errors. To give you a better picture of what you can claim for, we’ve outlined common medical negligence claims below:
- Misdiagnosis or Delayed Diagnosis: Patients who have suffered greatly from a medical misdiagnosis or delayed diagnosis have the option to file a claim against their healthcare provider for medical compensation.
- Surgical Errors: There are several potentially traumatic errors a surgeon can make, including leaving foreign objects in patients, operating in the wrong area, or causing damage during post-operative care. These can leave the surgeon or healthcare provider liable for malpractice claims.
- Medication Prescription Errors: If the incorrect medication has been administered or prescribed to a patient, and it causes injury or an adverse reaction, it could be enough to prove medical negligence.
- Injuries During Birth: Childbirth is an extremely sensitive time that can leave patients distressed if there are complications. These claims can be filed when the negligent treatment is more than a reasonable mistake or accident. Discuss the details with your lawyer for an accurate assessment.
- Anaesthesia Errors: Negligence when administering anaesthetic before or during an operation cannot only cause physical damage to a patient, but can also induce a traumatic experience that affects their mental health.
- Nervous Shock: If you are experiencing psychological distress after your medical treatment or due to a medical injury, you may be eligible to make a medical negligence claim. These claims are also called psychological injury claims.
Aside from a personal medical malpractice claim, you can also consult our team of medical negligence lawyers in Brisbane to file a dependency claim if a loved one has died as a result of negligence from a medical professional. The average payout for medical negligence in Australia is $650,000, but this can be substantially more depending on the complexity of the case and injury.
Even if at fault, you may have a right to compensation. Start your claims check:
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What are Signs of Medical Negligence?
Distinct signs of medical negligence include improper methods of treatment, delaying a diagnosis, or not being informed of the risks associated with an operation. Even without a medical lawyer present, you may be able to intuitively notice these signs and realise you are not receiving a reasonable standard of care from your healthcare provider. Other signs of medical negligence include:
- Your healthcare provider is not reviewing your tests timeously.
- Incorrect reports regarding your tests and screening results.
- Your healthcare provider is failing to offer post-op care.
While these signs can validate a search for a healthcare lawyer, you should always prioritise your own safety before committing to an operation with a chance of medical error and negligence. If possible, you should seek alternative care options as soon as possible. You have the right to enquire about a second opinion or request another doctor if you feel your medical provider is insufficient.
Lodging a formal complaint about your provider is also a good course of action if you believe other patients are at risk of medical negligence and medical malpractice.
What Steps Should I Take to Make a Medical Negligence Claim?
There are several steps required to make a medical negligence claim, including consulting with a medical specialist and gathering evidence for your case. For the best chances at success for your medical negligence compensation claim, here are the steps you should take:
1. Schedule an Initial Consultation
Once you are aware of medical malpractice, contact a lawyer to ensure a medical negligence compensation claim with the highest chance of success. These consultations will involve expert medical negligence lawyers who will explain the claims process and your potential claims. Always choose medical solicitors who offer fair terms like no win, no fee policies.
2. Collect Relevant Evidence
The most successful medical negligence cases involve evidence of malpractice, including your medical treatment records before and after the treatment date. You may be asked to provide your employment and income records during this timeline, as well as visual evidence of harm as a result of medical negligence.
3. Get a Medical Specialist’s Opinion
You’ll need to get a specialist medical doctor’s opinion, which will help assess the extent of the negligence and your injury. An independent medical expert is vitally important to clarify whether a reasonable standard of care was met during your treatment.
4. Lodge a Claim
If the negligence lawyers find that your injuries may qualify for a compensation claim and the independent medical expert agrees, you will lodge a claim against the relevant medical practitioner. Throughout this process, your team of medical negligence lawyers will support you through the physical and psychological ramifications of your injury.
5. Settle Your Claim or Go to Court
While the majority of claims are settled out of court, if your claim cannot be resolved outside of Queensland’s official legal proceedings, you will move on with your claim at court. Your medical negligence team will file your claim in court and help you claim the fair compensation you lawfully deserve.
Are There Time Limits to Submit a Medical Negligence Claim?
Yes, the time limit to submit a medical negligence claim is 3 years from the date of the injury or when the injury was first discovered. If you’ve been misdiagnosed or a surgeon has left an object inside your body during surgery, it may take weeks or months for you to realise that medical malpractice has taken place. The date of discovery is very important for cases where there was no immediate harm.
If you are a minor during the date of the treatment or when you first discover evidence of negligence, your time limit to place a medical negligence claim is extended until you reach the age of 21.
WT Compensation Lawyers | Compassionate Compensation for You
Experiencing medical negligence can leave lasting trauma on your body and mind, which can make it difficult to move through the Queensland legal system. Claiming compensation for medical negligence, personal injury claims, and Total Permanent Disability Insurance (TPD) is not only easier with a professional team of personal injury lawyers, but raises your chance of success too.
WT Compensation Lawyers believes in advocating for our clients by showing compassion and genuine service while helping them claim compensation. As one of the top-ranked compensation lawyers in Brisbane, we understand that undertaking a legal claim can be financially taxing. That’s why we have a no win, no fee policy with no upfront costs to worry about – let our expert team of lawyers take the weight off your shoulders.
Contact our lawyers today at 07 3924 9544 or submit your free case review and let us hear your story today.
Medical Negligence Lawyers FAQs
The majority of medical negligence cases are settled out of court. Only about 2 to 3% of compensation claims go to court, especially when consulting with expert lawyers in Brisbane who can effectively communicate your needs and negotiate your claims.
It can take several months to a few years for medical negligence claims to resolve. The time taken to settle a medical negligence claim depends on the complexity of the case, as well as how willing the parties are to settle the compensation claim outside of court proceedings.
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WT Compensation Lawyers
Address: Riparian Plaza, Level 38/71 Eagle St, Brisbane City, QLD 4000
Phone: (07) 3924 9544
Email: [email protected]
Hours: Monday to Friday, 8:30 a.m. to 5:00 p.m.
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Jono, Sinny and everyone at WT Compensation Lawyers are the best car accident lawyers in Brisbane I’ve come across. The genuine care, compassion and human kindness they show to their clients is clear from the very first moment you speak to them. I cannot recommend them enough to anyone in need of a personal injury lawyer and would not hesitate at all to refer any of my family or friends. Thank you guys always for all your great work.
I highly recommend Jono, Sinau and the entire team at WT as personal injury lawyers for anyone in Brisbane looking for the best representation. Jono is a step above other lawyers, both in knowing his craft but also in the way he treats his clients like one of his own family. From the very first moment I met him, he has treated me with respect, kindness and compassion and I am glad to say we have become good friends. WT are genuine and very good people who want nothing more than to do the best thing by their clients so THANK YOU for all that you do.
Life changing. Seriously. I would highly recommend Jono without any hesitation to anyone in Brisbane looking for the best car accident lawyer. The word grateful doesn’t even begin to express how I feel after having Jono look after me after my car accident claim. He has single handedly changed my life and has given me an opportunity to move on with a bright future after some of the toughest times after my accident. I previously used a big personal injury firm, one that has ads on tv and big marketing budgets for an old work accident and the experience isn’t comparable at all. Care, empathy, compassion, kindness and always had time for me, no matter what time of day/night or how silly my question was. Jono always made me feel like I was important and always kept me updated with everything that was going on. I only wish I had used WT for my old work accident. My result I got far exceeded my expectations and is only a testament to the great personal injury lawyer that Jono is. If you’re still looking for a car accident lawyer just seriously stop and give Jono a call. You will not regret it.
I can’t thank Jono enough for his outstanding work after my motorcycle accident. His dedication, expertise, and genuine care made all the difference in my case and surprisingly turned a horrific situation into a positive one for me. From day one, he took the time to understand my situation, became a very real pillar of support for me, and kept me informed every step of the way. Jono’s strategic approach and relentless advocacy got me a life changing outcome beyond my expectations. If you’re searching for the best personal injury lawyer in Brisbane who truly goes above and beyond, Jono is your go-to guy. He’s also a great bloke which I’m sure is clear to everyone who has the pleasure of crossing paths with him. I’m so grateful for his expertise, support and friendship and writing this review is just a very small way of me thanking him for changing my life.
Sinau and the team at WT Compensation Lawyers have been nothing short of amazing. From the beginning, they made me feel comfortable with the process and were so easy to contact. Sinau was very professional and always calling me to keep me updated with my claim. He would always go out of his way to make sure my family and I were okay which I am really grateful for. His kind words and professional advice during a dark time in my life was the glimmer of hope that I needed to keep going. I will always be recommending Sinau and the team at WT to my friends and family, as I truly believe they are the best WorkCover lawyers in Brisbane. From the bottom of my heart, thank you for looking out for your Pasifika people Sinau. It is rare that we see people like you who genuinely care for our community and for that I thank you.