Medical negligence claims in Queensland

Medical negligence claims in Queensland

When a medical practitioner or healthcare provider acts negligently in the care of their patients, it can have severe and lasting impacts on those patients. Healthcare providers in Australia must act to ensure the safety and wellbeing of their patients, because a failure to do so may cause significant physical and psychological injuries.

This blog discusses medical negligence compensation claims in Queensland:

  • Defining the term medical negligence;
  • When negligence may lead to a medical negligence claim;
  • Breach of duty of care by a healthcare professional/provider;
  • Compensation entitlements in medical negligence claims; and
  • Crucial time limits to make a medical negligence claim.

What is medical negligence?

Medical negligence, also referred to as medical malpractice, is where a healthcare professional or provider (for example, GP, specialist, hospital etc.) fails to provide an appropriate standard of care to a patient, thereby causing them physical or psychological harm.

Doctors, hospitals and healthcare providers must act to the accepted standard of practice in the Australian medical community. That is, to provide treatment and advice with reasonable care and skill to ensure the wellbeing and safety of the patient. Where medical professionals or healthcare providers have not followed this standard and subsequently caused harm to their patients, there may be a case for medical negligence compensation.

When might negligence lead to a medical negligence claim?

It is well established in Australian law that the relationship between medical practitioners/health care providers and patients gives rise to a duty of care. Due to the vulnerability of patients and the expertise, knowledge and skills required by medical professionals and healthcare providers, the content of the duty of care is high. If the standard of care expected is not met and the patient suffers an injury as a result, this may give rise to a medical negligence claim.

For a successful medical negligence claim, it must be established that:

  1. the medical professional/health care provider owed the patient a duty of care;
  2. the medical professional/ health care provider breached that duty of care by an act or omission;
  3. that patient suffered physical and/or psychological harm; and
  4. the act or omission caused the harm suffered.

In a medical negligence claim, it must be shown that the injury suffered by the patient was a result of the medical professional or health care provider breaching the duty of care owed to the patient. Therefore, if a patient has been injured from a complication during the medical treatment, but it is determined that the health care provider did not act outside of the standard of care expected, then a a claim for medical negligence would fail. Sometimes treatment has bad outcomes.

Medical negligence claims are, by their nature, very complex. Our medical negligence lawyers have extensive experience and knowledge to help you navigate this complicated process to recover the compensation you deserve.

GET ADVICE FROM A MEDICAL NEGLIGENCE LAWYER:  1800 659 114

What is considered a breach of duty by a healthcare professional/healthcare provider?

Medical professionals and health care providers have a duty to take reasonable care to ensure the safety and well-being of their patients, including to prevent causing the patient injury or harm.

The standard of care must be one which a reasonable and competent healthcare provider in the same position would have done. If this standard of care is not met, it would be considered that the medical practitioner or health care provider breached the duty of care owed to their patient.

Some examples of a medical professional or health care provider breaching their duty of care include, but are not limited to:

  • misdiagnosis or delayed diagnosis of a medical condition;
  • delayed treatment of a patient;
  • surgical mistakes/errors;
  • prescribing the wrong medication to a patient;
  • failing to advise a patient of the risks of treatment; and
  • performing a procedure without the consent of the patient.

If a breach of duty has caused the patient harm or suffering, a medical negligence compensation claim may be brought against the medical professional or health care provider.

If you are unsure whether you have a medical negligence claim, one of our experienced lawyers can speak to you about your circumstances and advise whether the medical practitioner or professional or health care provider breached their duty of care to you.

GET ADVICE FROM A MEDICAL NEGLIGENCE LAWYER:  1800 659 114

What compensation entitlements are available in medical negligence claims?

If you are successful in a medical negligence claim, you may be entitled to recover the following:

  • Pain, suffering and loss of life enjoyment;
  • Past and future medical, hospital and rehabilitation expenses;
  • Past and future loss of earnings and superannuation contributions;
  • Out-of-pocket expenses, including medications, travel and equipment;
  • Home and vehicle modification, if required; and
  • Care provided to you, either gratuitously by family and friends or by paid professional services.

Are there time limits to bring a medical negligence claim in Queensland?

Generally, a claimant has only three (3) years from the date on which the cause of action arose to commence legal proceedings in a Court against the persons or parties legally responsible for the injury. In the case of an injured child, the child has until they turn 21 years of age to commence legal proceedings.

However, notice of a claim for compensation should be provided to the medical professional or healthcare provider who allegedly acted negligently within nine months of the medical incident.

There are many exceptions to the general time limit rule. Therefore, it is important to seek legal advice and discuss the prospects of success of a claim for compensation with an experienced medical negligence lawyer.

Get help from a medical negligence lawyer

At Hall Payne Lawyers, we understand that suffering a personal injury as a result of medical treatment can be extremely stressful, and the claim process can be very complicated and confusing.

If you have been injured as a result of medical treatment or are unsure whether you have a medical negligence claim, speak to one of our experienced lawyers to ensure you receive the compensation you are entitled to.

Contacting Hall Payne Lawyers

You can contact us by phone or email to arrange your consultation; either face-to-face at one of our offices, by telephone or by videoconference consultation.

Phone: 1800 659 114
Email: general@hallpayne.com.au


  This article relates to Australian law; either at a State or Federal level.

The information contained on this site is for general guidance only. No person should act or refrain from acting on the basis of such information. Appropriate professional advice should be sought based upon your particular circumstances. For further information, please do not hesitate to contact Hall Payne Lawyers.


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Get in touch with today's blog writer:
Lydia Hay

Research Clerk in Personal Compensation Law, Queensland, Abuse Claims, Motor Vehicle Accidents, Queensland

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