Medical Negligence

Have you experienced pain and suffering due to medical treatment in Queensland?

If you or a family member have experienced pain and suffering as a result of medical treatment, you may be entitled to claim compensation for medical negligence (also sometimes called malpractice).

Medical negligence claims are, by their very nature, complex and require significant knowledge and expertise.

If you have suffered pain and suffering because of poor medical treatment, contact a member of our medical negligence team for advice on your options to bring a claim.

Who can I sue for medical negligence?

Usually a medical negligence claim is brought against the practitioner or institution that caused or contributed to your suffering or injury.

You can make a medical negligence claim against a health care provider or a professional including:

  • doctors
  • general practitioners
  • public and private hospitals
  • surgeons
  • dentists
  • radiologists
  • nurses and midwives
  • pharmacists
  • allied healthcare professionals such as physiotherapists and chiropractors.

How do I know if I have a claim?

If you, or a family member, have suffered an injury or illness you believe has been caused through the negligence of a medical practitioner, a hospital or any other provider of health care services, you may be entitled to make a claim for medical negligence. Claims are not just limited to GP’s and hospitals. You may have a right to sue a dentist, chiropractor, specialist, physiotherapist and others.

Compensation may be available if a medical practitioner has:

  • failed to diagnose your condition within a reasonable timeframe (delay in diagnosis);
  • failed to provide medical treatment, follow up care or advice;
  • failed to advise you of the risks associated with treatment including surgical procedures;
  • performed a procedure without your consent;
  • failed to refer you to a specialist or for further investigation;
  • misinterpreted or failed to correctly report on your test results;
  • failed to provide post-operative care with reasonable skill.

If you’d like to discuss your case with one of our dedicated medical negligence lawyers, call Hall Payne Lawyers for a free and no obligation initial consultation on 1800 659 114.

How do I prove a medical negligence claim?

In order to succeed in a claim for damages for personal injury in Queensland, a claimant must demonstrate four things:

  1. That the treatment provider at the time owed a duty of care;
  2. That duty was breached;
  3. That damage was suffered (injury); and
  4. That the damage was caused by the breach.

Every claim will require different evidence for the best chance of success. Our lawyers have extensive experience in getting clients the compensation they deserve in medical negligence cases, and work with you to achieve the result. Contact Hall Payne for a free initial consultation to discuss your case.

What can I claim for?

Heads of damage you may claim in your medical negligence matter include:

  • pain, suffering and loss of life enjoyment
  • past and future hospital and medical expenses (including surgical costs)
  • rehabilitation expenses
  • lost past and future earnings
  • out of pocket expenses for items such as pharmaceutical, travel and equipment
  • care provided by friends or family
  • paid care and help, for example yard maintenance or nursing
  • home and vehicle modifications.

Every individual has a different situation and it is important that your particular circumstances are considered. Remember, your claim is about you. Your best course of action is speaking to Hall Payne about what compensation is right for you.

When should I make a claim?

Strict time limits apply and your entitlement to compensation may be lost if you claim late.

Hall Payne knows that when you are dealing with the consequences of an injury, it is a very challenging time. Financial stress can make the situation overwhelming.

It’s important that you seek advice and assistance from a lawyer experienced in these types of claims as soon as possible. Hall Payne provides a free initial consultation, you’ve got nothing to lose by contacting us.

How long will my claim take?

The sooner your claim is finalised, the sooner you can move on with your life. That said, a thoroughly prepared claim can’t be rushed.

The length of your claim will depend on your injury, the intricacy of the investigation and the type of expert evidence required to present your claim.

We offer a free initial consultation to discuss your case. One of our dedicated medical negligence lawyers can discuss your particular circumstances and give you guidance on the timeframes that apply to medical negligence claims.

I can’t travel – can you come to me?

If you are in bed or in hospital, we can come to you or call you, to discuss your matter as part of our free initial consultation.

Call us on 1800 659 114 or contact us here for more information.

How much will it cost me to make a claim?

We will provide you with a free initial consultation to discuss your particular circumstances. We will provide an estimate of legal costs, the likely time frames that will apply to your claim and whether representation is available on a ‘no win, no fee’ basis.

Hall Payne provides medical negligence services in Queensland and New South Wales.

If your inquiry relates to another state of Australia, please call us on 07 3017 2400 and we can provide you with contact details for a suitable firm in your state.

Speak to one of our experts


1800 659 114
general@hallpayne.com.au

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