In the course of your first consultation with us explain what you experienced, and our lawyers will explain to you the range of legal options that are available to you so you fully understand what your next steps are.
Medical Negligence Lawyers Gold Coast
What is classed as Medical Negligence?
Medical errors and medical malpractice are also commonly called medical negligence, and they all include medical professionals or a healthcare provider not diagnosing a condition, medical treatment mistakes, delays in any further treatment or making the diagnosis of a health condition, or the misdiagnosis of a medical condition.
Who is eligible to claim Medical Negligence?
You might be able to make a claim for medical negligence compensation on the Gold Coast if you have experienced a physical injury or a psychological injury, due to medical negligence. You also might be eligible to make a claim for compensation if the result of the injury caused by the medical negligence was the death of a family member.
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Frequent types of Medical Negligence Claims
There are a wide range of types of medical negligence claims and they can occur in a variety of different healthcare areas. Some of the practices where you can establish a medical malpractice claim has happened includes:
- Injuries while giving birth and other types of birth trauma such as, pregnancy complications, stillbirths and new born deaths.
- Misdiagnosis or taking too long to diagnose.
- Not receiving appropriate treatment.
- Not referring on to a specialist for treatment or ordering additional tests and investigations.
- Performing surgery negligently causing additional or further damage;
- Not receiving reasonable post surgical care.
- Dental negligence.
- Mistakes prescribing medications and errors with medication.
Gold Coast Medical Negligence Lawyers - No Win No Fee
We will conduct an obligation free analysis of your possible compensation claim after which we will decide if we are ready to work on your claim on a ‘No Win No Fee‘ fee basis. If that is the case, our medical malpractice lawyers will give you easy to understand, written advice on the likelihood of you winning your case, what to expect and what our next steps are.
Our firm defines No Win No Fee as if we do take on your case, we will bill you an equitable fee for the work we have completed on your claim at the end of the medical negligence claim, only if you win.
Making a Medical Negligence Claim in QLD
We have a Gold Coast team of experienced medical negligence lawyers who are available to help you through the whole process of undertaking a medical negligence claim. They will offer you clear advice and legal representation in your negligence claim. In order to ensure the success of the claim and get the best possible medical negligence compensation results, we will be with you every step of the way.
Time Limits Do Apply
The time limits involved in the claims process for starting a medical negligence claim within Queensland are strict so we advise that you contact our experienced medical negligence compensation lawyers as soon as you can. Prior to you starting a negligence claim in Court, there is a process that must be followed. As with all matters involving insurance, there must be an initial ‘Notice of Claim’ given to the party(s) at fault. This has to be done as quickly as it possibly can.
Despite whether the above procedure has been followed or not, proceedings have to be started in Court within three (3) years that the breach of the duty of care that caused the injuries or loss occurred.
Therefore it is imperative that you find legal representation in a timely manner to protect your legal entitlement and within strict time limits to bring forward a claim for medical negligence.
Proving Medical Negligence Has Occurred
If it can be proven that the negligent medical treatment that was provided by the medical provider is commonly accepted as being appropriate medical treatment then they will not be legally liable. Thus it is essential to seek legal advice and gain independent evidence from medical experts which will compare the negligent treatment that was provided with examples acceptable medical treatment.
For cases that involve the failure to give suitable advice and information regarding potential risks it is a different process. It is ultimately up to the courts to determine the of the range and responsibility to give suitable advice, independent expert evidence is required to work out what guidance and information the medical provider should have provided in your particular case.
I think I have claim for medical negligence. What are my next steps?
Contact us on 13 43 63 to arrange a free consultation with one of our Gold Coast medical negligence lawyers or contact us online.
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Frequently asked questions
What is considered a medical negligence claim?
If a person is injured as a result of negligent medical treatment, or the lack of medical treatment provided by a medical doctor or other health care provider, you can make a claim for damages or compensation.
For any claim involving medical negligence to succeed, you must be able to prove, on the balance of probabilities [or 51% or better] that the medical practitioner or hospital owed you a duty of care, the duty of care was breached, and you have suffered injury, loss and damage due to the breach of duty.
Is there a time limit involved in commencing a claim for medical negligence?
Prior to you starting a personal injury claim in Court there is a ‘pre-Court’ process that needs to occur. As with all matters involving insurance, there must be an initial ‘Notice of Claim’ given to the party(s) at fault. This has to be done as quickly as it possibly can. Despite whether the pre-Court procedure has been followed or not, proceedings must be started in Court within three (3) years that the breach of the duty of care occurred that caused personal injury and or loss.
How long does the claim process take?
Once we have investigated your medical negligence claim we will give you clear legal recommendations and a legal proposal. That proposal will lay out, a realistic estimate of the expected time frame of your case, how much compensation you are entitled to and the likely fees.
Normally, most medical negligence matters can be resolved within 6 to 18 months from the beginning of the claim . If the case proceeds to court (which is unusual) this additional process can cause the time frame to be extended by 6-12 months.
What can I claim compensation for?
When your injury or injuries have stabilised you may also be able to claim compensation (“a damages claim”) to compensate you for:
- the suffering and pain your have endured
- losing the ability to enjoy some parts of your life such as sports
- lost income
- future income you may lose
- superannuation you have already lost, will lose or may lose in the future
- future treatment, financial burden and rehabilitation expenses
- care in the form of nursing, home modifications and help around the garden or home
What types of claims are covered?
- Diagnosis delays
- Inability to diagnose a medical condition:
- Not referring on to a specialist for treatment or ordering additional tests and investigations.
- Incompetent performance of a medical procedure which caused damage
- Actions that caused or made an existing medical condition worse;
- Incorrectly reporting or misinterpreting test results;
- Not providing the correct follow up care or treatment after surgery.
To receive compensation for the injury or loss you have endured, the injured person must prove that the mistakes made by the healthcare provider or medical professionals resulted in their injury. In the case of the injuries and illnesses that were caused by accidents that were not preventable, the medical practitioner is not liable. Additionally, some obvious medical errors can’t be proven to have resulted in injury or loss and so no medical malpractice compensation claim can be bought forth. However there are lots of situations where a party is legally liable for injuries and loss caused by negligent treatment or by neglect.
Who is considered a medical practitioner?
For the circumstances of a medical negligence claim, a medical practitioner includes any individual or institution that provides medical care, such as:
- hospitals including any hospital staff
- doctor
- surgeons
- nurses
- midwives
- paramedics
- medical assistants
- lab personnel
- radiologists
- dentists
- pharmacists
- cosmetologists
- or other allied health professionals.
Who pays for my medical negligence claim?
When starting a medical negligence compensation claim against a hospital, allied health car provider or doctor, the most common outcome is that the potential claim amount will be paid for the by insurance policy that the medical provider or institution holds. It would be very unusual that that a medical negligence compensation claim wouldn’t be covered by an insurance policy.
Will I have to go to court for my medical negligence case?
It has been our experience that the vast majority of medical negligence claims do not proceed to court. Only 1% to 2% of our medical negligence cases proceed to court. It is better for everyone, including our clients that this is normally what occurs .A small percentage of medical negligence claims require court supervision and the majority of these claims are resolved early.
Some medical negligence cases do not settle, but we do have a significant amount of courtroom experience so if your case does proceed to the courtroom, we have the experience and expertise to handle the matter through every step of the process.
How will a medical negligence lawyer help me with my claim?
An expert personal injury lawyer will instruct you if you are entitled to start a compensation claim and what your best legal options are. We will lead you through each stage of the medical negligence claims process.
Why should I choose Turner Freeman to be my lawyer?
Turner Freeman are one of the Australia’s most accomplished compensation claims law firms. We have been practicing for over 70 years. Our unbridled focus desire to complete successful personal injury claims for our clients is what makes us stand out. We are inspired to obtain the best results for our clients in their matter, irrespective of how challenging the matter is.
We are competitive and determined to help our clients accomplish their desired results. We use our deep expertise and experience, with partners leading all medical negligence claims. Contact our team for obligation free discussion.
Medical Negligence Claims