Medical Negligence FAQs

If you have suffered an adverse outcome as a result of treatment from a health professional or hospital, in Queensland or elsewhere, you may be entitled to compensation.  We can advise you in detail about your right to claim and your prospects of success.

 

In Queensland, a complaint can also be made to the Health Ombudsman.

 

Different rules can apply in other states and overseas – we can advise you about that.

 

Notice needs to be given to the relevant health professional or hospital.  Specialised medical evidence needs to be obtained about the circumstances of your treatment.

 

Strict time limits apply – you need to get expert advice now about the time limits which apply to you.

 

It is impossible even to estimate the amount of damages you might recover without knowing a lot more about you and your injuries. Damages you might recover include:

 

You may also be entitled to make separate claims for additional insurance benefits such as income protection and total and permanent disablement benefits.  You will find more information about these claims under the Income Protection and Disablement claims section of this website.

 

No, you can handle the claim yourself.

 

However, insurers have extensive experience in defending medical negligence claims and will usually instruct lawyers to act on their behalf.  Insurers cannot provide you with independent advice.  You may find yourself at a disadvantage if you do not have legal representation.

 

That depends on the amount of damages you recover.

 

Legislation in Queensland restricts the amount an insurer has to contribute towards your costs in a medical negligence claim – we will provide detailed advice about this. Even if the insurer is required to pay something towards your costs, it will not cover your entire costs. The difference will be paid from your settlement or judgment monies.  We will discuss this with you in detail.

 

This is impossible to say without knowing a lot more about you and your claim.  Some relevant factors include:

 

Queensland legislation requires that the claimant and the insurer attempt to reach a settlement before court proceedings are issued. Medical negligence claims are very rarely decided by a judge.  Even if proceedings are issued in court, claims usually settle before reaching trial.

 

If, after investigation of your claim, we think you have reasonable prospects of success, we will usually agree to act on a speculative basis. That means we will not charge for our professional fees unless and until your claim is successfully finalised.

 

We do require payment of any costs or outlays (eg. medico-legal reports from a specialist) incurred on your behalf, even if your claim is not successful.  We will not incur significant outlays without first discussing it with you.  An estimate of outlays will be provided in our Costs Agreement. 

 

Our costs will be reasonable – we will discuss them with you in detail before you instruct us to act on your behalf and will enter into a Costs Agreement with you.  We strongly recommend you seek independent legal advice about the Costs Agreement before you sign it.