How we help > Negligence
Medical Negligence
Doctors, hospitals and allied health professionals owe a duty of care to their clients, which requires them to exercise reasonable care and provide competent treatment and medical advice.
It is an unfortunate reality of medical treatment that sometimes it is not successful and sometimes injuries can result. If the treatment and/or advice provided to you falls below an acceptable standard of practice the treatment provider will have breached their duty.
Compensation may be claimable in relation to any injury suffered because of that breach of duty, however, it’s also important to keep in mind that if an injury is sustained, this does not always mean the medical professional has been negligent.
Common medical negligence claims include:
failure to diagnose
delay in diagnosing
failure to warn of the risks associated with a procedure or course of treatment
failure to refer to an appropriate specialist.
Whilst this may appear straightforward, medical negligence claims (also known as medical malpractice claims) are often very complex and often require the early engagement of medical experts.
Timeframes
There are strict timeframes in Queensland for pursuing damages claims for medical negligence. You must commence legal proceedings within 3 years. However, there are claim notification steps that must also be complied with and in a much shorter timeframe (as early as 9 months from the medical incident occurring or 1 month from instructing a law practice to commence a claim on your behalf).
Given the complexity and strict time limits associated with these claims we recommend you obtain legal advice as soon as possible.
For further assistance
If you’ve experienced injury relating to medical negligence and want to talk through your options regarding compensation, give the team at Southside Legal a call today.
Frequently asked questions
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Your claim for compensation could potentially include the following:
- General Damages (which includes pain and suffering);
- Past loss of income if your injuries prevented you from working
- Future loss of income arising from any reduction in your capacity for work due to your injuries
- Loss of superannuation
- Past and future medical and rehabilitation costs;
- Past and future care costs; and
- Out of pocket expenses.
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Medical professionals are required to hold professional indemnity insurance. In the event a medical negligence claim is commenced against the medical professional the claim is generally handled by the insurer or its lawyers. In the event a settlement is reached or a judgment made in your favour, it is usually the insurance company that pays and not the medical professional personally.
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Unfortunately, there is no exact timeframe. It will depend on the complexities of your claim, the nature of your injuries, your treatment and how long it takes for your injuries to stabilise.
Each case is different and the team at Southside Legal will consider the details specific to your case when discussing timeframes.