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The first step is to schedule an obligation free meeting. We can discuss the details of your case, evaluate the evidence, and determine the best course of action.
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What is considered medical negligence in Queensland?
Medical negligence, also known as medical malpractice, occurs when a healthcare professional fails to provide the standard of care expected, resulting in harm to the patient. In Queensland, healthcare providers owe a duty of care to their patients, meaning they must act in a manner that meets the accepted standards of practice. If this duty is breached and causes injury or harm, it constitutes what is known as medical negligence.
Common examples of medical negligence claims
Surgical errors can have serious and sometimes life-threatening consequences. These errors may include operating on the wrong body part, leaving surgical instruments inside the patient, or performing incorrect procedures.
Misdiagnosis or delayed diagnosis can prevent patients from receiving the correct treatment in a timely manner, worsening their condition. This may include delays in diagnosing infections, cancers or spinal and medical conditions.
Negligence during childbirth can lead to significant injuries for both the mother and the baby. Examples include failure to monitor the baby's health, not delivering the baby at the appropriate time, improper use of delivery tools, or not performing necessary medical interventions. Injuries to the mother could include physical and psychological injuries as a result of the mismanagement of the pregnancy, labour or delivery.
Medication errors involve incorrect prescriptions, dosages, or administering the wrong medication. These mistakes can lead to severe health complications and even death.
Making a claim for medical negligence on the Gold Coast
1. Initial consultation
2. Evidence collection
Collecting robust evidence is crucial in building a medical negligence case. This includes obtaining medical records, expert opinions, and any other documentation that supports your claim. Our team will guide you through this process to ensure that no vital information is overlooked.
3. Filing court documents
Once we have gathered all necessary evidence, our lawyers will prepare and deliver the required documents to formally start your medical negligence claim.
4. Case Resolution
Our goal is to listen to your story and help resolve your case with respect and care. Whether the outcome is achieved through negotiation, mediation, or court proceedings.
Any Questions? Check out our FAQ.
Our lawyers will work with you through every step of the process
You’re in safe hands with Maurice Blackburn. We are renowned for our expertise in medical negligence law. Our experienced lawyers provide compassionate and effective representation, ensuring our clients receive the justice they deserve. We operate on a 'No Win, No Fee' basis and offer free initial consultations.
Frequently Asked Questions about medical negligence claims
Types of compensation
- Medical expenses: Covering both past and future medical costs related to the injury.
- Loss of income: Compensation for lost wages and reduced earning capacity, including lost superannuation entitlements.
- Pain and suffering: Monetary relief for physical and emotional distress.
- Rehabilitation costs: Expenses for ongoing treatment and therapy.
- Care and supports: Costs for care and assistance, home modifications, and other support needs.
- Establishing duty of care: Demonstrate that the healthcare provider owed a duty of care to the patient.
- Breach of duty: Show that the healthcare provider breached this duty by failing to meet the standard of care.
- Causation: Prove that the breach of duty directly caused the injury or harm.
- Damages: Provide evidence of the harm or losses suffered because of the negligence, such as medical expenses, lost income, the requirement for care and assistance and pain and suffering.
In Queensland, the statute of limitations for filing a medical negligence claim for adults is generally three years from the date of the injury or when the injury was discovered. A minor generally has until their 21st birthday. There are exceptions, so it is crucial to seek legal advice as soon as possible to understand your specific time limits.
While you have the right to represent yourself in a medical negligence claim, it is highly recommended to seek legal representation. Medical negligence cases are complex and require expert knowledge of both medical and legal issues.
Maurice Blackburn has offices conveniently located on the Gold Coast and throughout Queensland.
You are in safe hands with our experienced lawyers, who provide compassionate and effective representation, ensuring our clients receive the justice they deserve.
No Win No Fee medical negligence lawyers on the Gold Coast
Our 'No Win, No Fee' policy ensures that you can seek justice without the burden of upfront legal costs. You only pay if we successfully secure compensation for you.
Client Stories and testimonials
Jess Ngaheu broke her pelvis in an unfortunate car accident, this meant when it came time for her to begin a family, she required a caesarean section to ensure the safe delivery of her children.
Jess had a family of three, her husband Merv and their first-born daughter. When Jess and Merv fell pregnant with their second child, they ensured the hospital was aware of Jess’s unique injuries and requirements. A birth plan was made for her to deliver their son by way of caesarean section, and this was documented by the hospital.
Unfortunately, after arriving at the hospital in labour the recommendation was made by hospital staff for Jess to be moved into a birthing suite and for her son (Hawaiki) to be delivered naturally.
During the labour, the CTG trace was abnormal. Despite this, the hospital did not arrange for Hawaiki to be delivered by way of an urgent caesarean section. The abnormalities on the trace worsened and became more severe. It is alleged that Hawaiki should have been delivered at an earlier time via caesarean section and had this occurred, he would have avoided his injuries or had a significantly better outcome.
Instead, Hawaiki experienced a very traumatic start to his life. Hawaiki was delivered with such force that the umbilical cord snapped, and he made head-first contact with the ground.
It is alleged that due to the delay in delivering Hawaiki in an appropriate way, he sustained severe injuries to his brain which continues to impact him.
Hawaiki’s physical injuries and developmental issues have resulted in him requiring 24/7 care for the remainder of his life.
Maurice Blackburn is assisting Hawaiki’s family in seeking justice for Hawaiki.
Our lawyers will work with you through every step of the process
Take the first step towards justice and support. Our team of dedicated medical negligence lawyers in Gold Coast are here to listen to your story and provide expert legal assistance and support.
Contact us today for a confidential, no-obligation consultation.
Need to speak to us sooner? Call us on 1800 111 222
Australia’s #1 plaintiff law firm
No Win, No Fee
Home or hospital consults
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Our Canberra office is now closed, but our team continues to serve ACT clients and are available for phone and video appointments. If you need legal advice, please call us on 1800 675 346.
We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.