Medical
Negligence Claim

Medical negligence can have detrimental effects on your life, leaving you or your loved ones physically, emotionally and financially burdened. When medical professionals fail to provide the standard of care you deserve, the consequences can be severe.

If you've suffered due to medical negligence, you have the right to seek justice and compensation. At Medical Law, we are a team of lawyers specialising in medical law. We are here to support you in the legal process.

Medical Negligence Claim Process

1. Talk to a Lawyer

Start with a free consultation. We’ll listen to your story, explain your options and guide you through the process.

2. Notify the Negligent Party

We’ll handle notifying the party at fault, ensuring your claim is taken seriously from the start.

3. Gather Evidence

Leave it to us to collect all necessary evidence like medical records and reports to build your case.

4. Seek Expert Opinions

We’ll arrange for expert reviews to strengthen your claim, so you don’t have to worry about the details.

5. Attend Medical Check-ups

If needed, we’ll set up any medical evaluations and guide you through them.

6. Resolve Through Mediation

Most cases are settled before court hearings. We’ll represent you in compulsory conferences or mediation, aiming to resolve the claim without a trial.

7. File a Lawsuit if Needed

If mediation doesn’t work, we’ll manage the court process and continue negotiating for you.

How Can Medical Law Help You?

Our focus is centred around your needs, concerns and overall well-being. Although seeking a medical negligence claim can feel overwhelming, we’re here to guide you with care and expertise.

1. Case Investigation

We analyse your statements, gather your medical records and consult with medical experts to assess the full extent of your injuries and how they’ve impacted your life.

2. Legal Advice

Our legal advice is clear and direct. We’ll explain the process of a medical negligence claim, its potential outcomes and what you can expect in your situation.

3. Claim Preparation

Using the evidence we've gathered, including medical opinions and records, we’ll prepare your claim to demonstrate how the negligence occurred.

4. Expert Negotiation

We’ll handle all negotiations with the responsible parties—such as hospitals, insurance companies and doctors—aiming for a fair settlement. 

5. Ongoing Support and Advocacy

As your lawyers and advocates, we’ll keep you informed and provide steadfast support throughout the entire process.

Take Action Now

If you've been harmed by medical negligence, we can help you with your medical negligence claim and secure the compensation you deserve. Contact us today for a free consultation.

Frequently Asked Questions

What is a medical negligence claim?

A medical negligence claim arises when a healthcare provider fails to meet their duty of care, leading in injury or harm to the patient. Curious about the scale of these claims? Check out how medical negligence claims have impacted Queensland in recent years.

How do I start a medical negligence claim?

The first step is to consult a lawyer who specialises in medical negligence. We’ll help you figure out if you have a case, gather the necessary evidence and guide you through the process step by step. If you’re unsure where to begin, simply contact us for a no-obligation chat.

What types of medical negligence can I claim for?

Medical negligence comes in many forms. You might have a claim if your experience includes:

• Misdiagnosis or delayed diagnosis, where the right treatment was delayed.
• Prenatal care and birth trauma that caused harm to you or your child.
• Surgical negligence, such as errors during a procedure.
• Defective medical products that caused complications.
• Prescription errors, like the wrong medication or dosage.
• Anaesthesia errors that led to serious consequences.

If something went wrong and it wasn’t your fault, you might be entitled to compensation.

Will I have to go to court?

In about 98% of cases, medical negligence claims are settled outside of court through compulsory conferences or mediation. If your claim doesn’t settle and litigation is needed, it doesn’t mean it will go to a court hearing. Most cases filed in court are resolved through negotiation before reaching that stage.

Can I handle my own claim?

Yes, you can. However, legal representation often leads to greater compensation.

Who can I file a medical negligence claim against?

You can file a claim against a hospital, doctor, nurse, dentist, pharmacist or any other registered allied health professional if negligence has occurred.

Are there time limits for making a medical negligence claim?

Yes, there are. You must give notice within 9 months of the incident or 1 month after instructing a lawyer, as required by the Personal Injuries Proceedings Act. There are also deadlines for submitting medical records, so seeking legal advice early is crucial.

How long does a medical negligence claim take?

The time frame for a medical negligence claim varies on its nature. We can comprehensively discuss this with you once we understand your specific circumstances.

How much compensation for medical negligence can I receive?

The amount of compensation you can receive depends on the severity of your injuries and ongoing impairment.

Will making a medical negligence claim affect my future medical treatment?

No, it won’t. Healthcare providers are required to provide treatment, as your claim is managed separately by legal and insurance professionals.