If you have suffered an injury or adverse outcome from medical treatment or advice, you may be entitled to compensation. Such medical negligence matters include:
- Birth injuries;
- Bowel perforation during surgery;
- Failure to properly diagnose;
- Surgical mishaps; and
- Delayed skin cancer diagnosis.
Medical negligence cases can be complicated and it’s critical to obtain advice from suitably qualified practitioners.
Medical Negligence Claims in Queensland
In Queensland, claims arising from medical negligence fall within the operation of the Personal Injuries Proceedings Act 2002.
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How can Crew Legal help?
We provide a first consultation completely free and with no obligation. If the claim is undertaken, we will proceed with such claims on a ‘No Win/No Fee’ basis.
The legislation sets out that any person injured in a medical incident must serve an initial notice on the appropriate respondent within nine (9) months of the date of treatment. If that time has passed, notice can still be given but must include a reasonable excuse for delay in giving the initial notice.
The limitation period in Queensland for medical negligence claims is three (3) years. If your injury occurred more than three years ago and you have taken no steps to protect your rights, you may not have any entitlement to bring a claim. In general, to protect your rights, a court proceeding must be filed within three (3) years from the date of the injury to preserve your rights.
It is very important to speak to a lawyer as soon as possible after any medical incident to ensure your rights are protected.
Unfortunately, unlike motor vehicle accident or workplace accident claims, medical indemnity insurers do not have an obligation to fund rehabilitation treatment as the claim progresses. The out of pocket expenses incurred by an injured person for treatment due to the injuries are included as an amount claimed in the lump sum claim for damages.
Every claim is different and assessed on its own merits. An advice can only be given about how much compensation you are entitled to once all evidence (including income and medical evidence) has been obtained.
Not necessarily. Only a very small portion of claims are decided by a Court. In most cases, claims are resolved either by way of a compulsory settlement conference or mediation.
You may be entitled to recover a portion of your fees from the medical indemnity insurer for the party at fault for the injury. Whether you are entitled to recover a portion of your fees depends on whether your compensation amount exceeds thresholds set by law. It is important to note that any recovery of fees will not be enough to pay the entire costs of pursuing the claim. Generally, recoverable costs are between 50% and 70% of your total legal costs.
It is important not to settle your claim too early. We need to make sure we have all obtained all necessary evidence to ensure the best possible result for you.