Have you suffered an injury or complication from medical negligence? Get the Best team on your side.

What do you need to know about Medical Negligence Compensation Claims?

Firstly, medical negligence claims don’t just include those from medical or surgical error, they include for a wide range of complications and injuries, as well as lack of informed consent.

Thankfully, the Best Injury Lawyers team are experts in all types of medical negligence claims. 

Medical negligence claims can be complicated, as they include a lot of factors – from treatment plan, to medication, informed consent and recovery. We know from working on many medical negligence cases, that it can be very overwhelming and mentally difficult to start a claim, as you have already placed your trust in one professional or institution that has let you down. That’s why our team of Brisbane medical negligence lawyers is careful to take you through everything, step by step, and ensure you feel informed at every stage.

The Best team is standing by for a free, confidential conversation about what happened to you and how we can help. 

What other personal injury claims can Best help with?

The Best team are experts in all types of other personal injury claims and are standing by to review your case for free. Find out more about the types of other personal injury claims we can help you with:

What other questions do you have about making a Medical Negligence claim?

A medical negligence claim covers a wide range of incidents that result from medical professionals or healthcare providers failing to meet the accepted standards of care. These accidents include, but are not limited to:

  • Misdiagnosis or Delayed Diagnosis: If a healthcare provider fails to accurately diagnose a medical condition in a timely manner, leading to worsened health or complications, it may be grounds for a medical negligence claim.
  • Surgical Errors: Surgical mistakes such as wrong-site surgery, surgical instruments left inside the patient, or other avoidable surgical errors can lead to a valid claim.
  • Medication Errors: Claims may arise if a patient is given the wrong medication, incorrect dosage, or experiences adverse effects due to a medication error.
  • Birth Injuries: Negligence during childbirth, which results in injuries to the mother or the baby, can lead to a medical negligence claim.
  • Anaesthesia Errors: Errors related to administering anaesthesia, such as too much or too little anaesthesia or failing to monitor the patient’s vital signs properly, can result in a claim.
  • Hospital-Acquired Infections: If a patient develops an infection due to unsanitary conditions or inadequate infection control in a healthcare facility, it could be the basis for a claim.
  • Failure to Obtain Informed Consent: If a patient did not receive adequate information about the risks and benefits of a medical procedure before giving consent, it might be considered negligence.
  • Nursing Home Neglect or Abuse: Neglect or abuse of residents in nursing homes or long-term care facilities by staff members can lead to claims against the facility.
  • Failure to Refer or Consult: If a healthcare provider fails to refer a patient to a specialist when needed or consults with other medical professionals to make a correct diagnosis or treatment plan, it may be grounds for a claim.
  • Failure to Follow Established Protocols: Medical professionals are expected to follow established protocols and standards of care. Deviations from these standards, whether in emergency situations or routine care, can result in claims.
  • Inadequate Supervision or Training: Claims may arise if healthcare providers were inadequately trained or supervised, leading to substandard care.

If someone died as a result of a doctor or other health care provider’s negligence, then the deceased dependents and family members may be able to make a wrongful death claim. This can include recovering the cost of lost financial and other support from your loved one.

Find out more about wrongful death claims here.

To succeed in a medical negligence claim in Queensland, you need to prove the following things:

  • Establish Duty of Care: To prove medical negligence, you must demonstrate that a healthcare professional owed you a duty of care. This means they had a responsibility to provide a certain standard of care when delivering medical services to you.
  • Breach of Duty: Show that the healthcare provider breached their duty of care by failing to meet the expected standard. This may involve gathering evidence such as medical records, expert opinions, and witness statements.
  • Causation: Establish a direct link between the breach of duty and the harm or injury you suffered. Proving causation is crucial for a successful claim.
  • Damages: Document the extent of your injuries, including medical bills, loss of earnings, pain, and suffering. These are factors that determine the compensation you may receive.

Medical negligence claims can be highly complex and that’s why it’s important you engage the right Queensland Personal Injury Lawyer who can help you prove your case.

In Queensland, the time limit for medical negligence claims is typically three years. This three-year period is known as the limitation period.

In some exceptional circumstances, the court may allow an extension of the limitation period. However, relying on such exceptions is risky, and it’s best to adhere to the standard timeframe.

It’s important to note that specific circumstances may affect the limitation period, so ask the team at Best about whether you are still within time to pursue your case.

To ensure you receive everything you are entitled to in a medical negligence claim in Queensland, start by consulting an experienced personal injury lawyer who specialises in such cases. That’s where the Best Injury Law team comes in. We will guide you through the process, ensuring you understand your rights and entitlements. Your lawyer will help you gather essential evidence, including medical records, documents, and witness statements, to establish liability and prove negligence.

Once liability is investigated, we will assess the full extent of your damages, including medical expenses, lost wages, pain and suffering, and future rehabilitation costs. This thorough preparation and evidence collection in the early stages is critically important for your claim and increases the likelihood of obtaining the compensation you deserve.

Medical negligence compensation can be very substantial, but in all cases is very specific to you and the way your condition and injuries impact your life, and ability to work.

The exact compensation for your Medical Negligence Claim depends on factors such as the severity of injuries, medical expenses, lost earnings, pain and suffering.

While it’s challenging to provide an exact figure upfront, the team at Best are experts at assessing the value of Medical Negligence Claims. We will assess your case’s specific details, negotiate with insurers, and strive to secure fair compensation that accounts for all your losses. Keep in mind that compensation amounts vary widely based on individual circumstances, and legal representation can significantly impact the final settlement.

The duration of a Medical Negligence Claim varies based on complexity, negotiations, and legal processes. Simple cases may settle quickly, while complex ones involving serious injuries or disputes can take years.

Negotiations with insurers impact speed, depending on their willingness to settle. Court proceedings can extend timelines, often spanning several months to years. Gathering evidence, securing legal representation, and considering settlement offers also affect duration. Mediation or alternative dispute resolution may expedite resolution, and appeals can further delay the process.

Consulting a personal injury lawyer is key for an accurate estimate. That’s where we come in. We won’t be able to give you an exact figure in our first consultation because it is too early to know, but we will be able to give you guidance.

The types of damages you can recover, include:

  • General damages – for pain and suffering;
  • Past and future loss of wages;
  • Loss of superannuation;
  • Past and future medical expenses;
  • Other past and future out of pocket expenses;
  • The cost of past and future care; and
  • Legal costs.

For more information about what you can claim, click here.

We know it can be overwhelming to know which firm to trust with your road accident claim, there’s a lot of us out there! We also know it can sound a little biased when we tell you to choose Best.

There are a few reasons we think you should choose Best as your road accident lawyers:

  1. We hire the Best people: our team aren’t only some of the sharpest legal minds in Queensland (no really, we win awards for it) but they’re also genuinely good people, who care about their clients. When we say we hire the Best, we mean we hire people who care about every case and every client, people you’d want fighting for you that you’d also happily catch up over a cuppa with.
  2. We will never leave you out of pocket: how so?
    • No Win, No Fee. Forever. You will only be charged if we win your case, so you can rest easy that we will be doing everything we can to put you in a better place than when you started your CTP claim with us.
    • 30% fee cap. Some firms take around 50% of your compensation claim, we cap at 30% +GST to cover our fees (so even if our fees are more than that, we won’t charge you for it).
    • We cover out-of-pocket expenses. We want you to be able to focus on recovery, but we know this can be expensive. We will cover the costs for your treatments and recovery, and you will only be expected to pay for these if your case is successful (these will be added as a part of your compensation claim, for the insurer to pay for).
  3. We take on cases other firms won’t, and we win them: we have a history of taking on claims other firms won’t, because we’re not afraid of hard work and because we know the difference a successful claim will make to you and your life.

Would you like to learn more about why you should choose Best? You can read more about our firm and our promises to you here.

How easy is it to get your medical negligence claim underway with Best?

We want to ensure it’s as easy as possible for you to get your medical negligence claim started, so that you can focus on treatment and recovery. So what can you expect from us, should you start the process today?

1

We review your case for free

Just submit any form on our site, or give us a call, and the Best team can review your case for free, today.

2

Meet our Team

The Best team will meet you, wherever works best for you – home, hospital, a cafe or our offices.

3

We get to work

We start work on your case, including covering out of pocket expenses to run your claim, so that you can feel better while we fight for your Best result.

How do you get our Best?

These are our promises to you, every case, every client.

Free Case Review,
by our Principal

We put our Best on your case from day one, and we take on cases others won’t – because we really are the Best.

No Win, No Fee.
Forever.

If we can’t win your case, you owe us nothing. We never let you walk away in a worse position.

30% +GST
Fee Cap

Because your Best outcome only matters if it’s in your pocket and goes towards your Best life.

Your Case,
Our Best

We hire the Best industry professionals and place senior lawyers on all cases, so you get your Best result.

What do clients say about
working with Best?

Ryan Stehlik from Best Injury Lawyers and his team are without a doubt the best law firm I have dealt with. He was very clear of the process every step of the way. Not only did Ryan achieve a great result, but his service was always very professional, was always focused on the matter and was always available to discuss any questions.
Alan M.
Brisbane
A big thank you to the team at Best Injury Lawyers. Outstanding services across all elements, from communication, the efficiency in their work and dedication they show throughout. My entire experience was stress free, Ryan in particular is an amazing lawyer who provides constructive legal advice, reassurance, and exceptional client service. Nothing but pure professionalism from Best Injury Lawyers. Number one law firm
Julia K
Brisbane
Quality plaintiff lawyers who have their client’s best interests at heart are hard to come by, but Ryan is definitely one of them. Professional and personable, he is certainly the only plaintiff lawyer I would recommend to friends/family.
Elanor F.
I would highly recommend Ryan and his team to represent you should you require his services. Ryan and his team are professional, will tell you what you need to know and keep you informed every step of the way. They are a pleasure to deal with and take all the stress out of your claim for you.
Arch D.

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