Medical Negligence

If you have experienced an adverse outcome from medical treatment, it is worth speaking to us about the options open to you to obtain further and better information about the reasons for the outcome, to lodge a complaint or pursue a potential claim for damages.

If you have experienced an adverse outcome from medical treatment contact 07 3303 9800 and speak one of our partners. 

How We Can Help

Expert Advice

Our expertise is grounded in our experience acting for people injured in accidents of every sort – work accidents, motor vehicle collisions, slip and fall, medical negligence, product liability, diving accidents, and any other situation where an injury has occurred because of another person’s negligence.

Time limits

Strict time limits apply to all claims.

To ensure you do not lose your entitlement, it is important that you contact us as soon as possible to discuss your claim.

Free initial consultation

If you have been injured in any way, we are happy to talk to you about making a claim.  Whenever possible, we prefer to do this face to face so that you can meet one of our partners and properly discuss your potential claim.  If we are unable to assist you or you decide not to proceed, we will not charge you for that initial consultation.  

Our fees

During our initial consultation we will discuss the basis upon which we charge for our services.  Many firms advertise that they act on a “no win, no fee” basis. MurphySchmidt does not use that term.  

We will usually agree to act on a speculative basis.  This means we will only charge you for our professional fees if and when your claim is successfully finalised.

We do not charge uplift fees and our fixed fee arrangements ensure complete transparancy.

We look forward to speaking with you. 

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:

    • Medical and other out of pocket expenses
    • Loss of income
    • Pain and suffering
    • Care and assistance
    • Aids and equipment
    • Future treatment costs

    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:

    • the severity and extent of your injuries – it is vital that your injuries be stable and stationary before any settlement negotiations commence – in Queensland, any damages you receive will be in full and final settlement of your claim.
    • whether the insurer disputes liability for your medical negligence claim.
    • your age – if a child is injured, it is sometimes best to wait for them to finish school and start work so that an accurate assessment of the impact of their injuries can be made.
  • 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.

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