Medical negligence occurs when a healthcare professional or institution fails to provide an acceptable standard of care, resulting in harm or injury to a patient. This could include errors in diagnosis, treatment, surgery, medication, or follow-up care.

To successfully pursue a medical negligence claim, you must demonstrate, on the balance of probabilities (greater than 51%), that the doctor or hospital owed you a duty of care, that this duty of care was breached, and that the breach directly caused you to suffer injury, loss, or damage.

For a medical negligence claim, you may be entitled to claim for the following types of compensation but not limited to:

• Medical and rehabilitation costs

• Pain and suffering

• Loss of enjoyment of life (e.g., giving up hobbies or sports)

• Past and future lost income

• Past and future lost superannuation contributions

• Future medical treatment and rehabilitation costs

• Care-related expenses, including nursing, home modifications, and assistance with daily activities like home or garden care

These are all aimed at compensating you for the physical, emotional, and financial impacts of your injury.

While it’s possible to represent yourself, medical negligence cases are complex and require a thorough understanding of medical and legal systems.

An experienced medical negligence lawyer can help navigate these complexities, build a strong case, and ensure you receive fair compensation.

The average compensation for a medical negligence claim in Australia can vary greatly depending on the nature and severity of the injury, as well as your individual circumstances and the state or territory where the incident occurred.

When determining compensation, several factors are considered, including:

• The impact on your quality of life: This includes any loss of enjoyment in activities or hobbies you once valued.

• Work capacity: The extent to which your injuries have affected your ability to work or earn an income.

• Daily living needs: Whether your injuries have impacted your ability to perform everyday tasks, and if you’ve required care or assistance.

• Medical expenses: Any ongoing or future medical treatment required as a result of the negligence.

Settlements can range from tens of thousands to millions of dollars, depending on the complexity of the case and the degree of harm caused. Each claim is assessed on a case-by-case basis to ensure fair compensation.

In Queensland, strict time limits apply to medical negligence claims. Before starting court proceedings, a mandatory ‘pre-Court’ procedure must be followed. This includes lodging a Notice of Claim with the responsible party as soon as possible.

In addition:

• Legal proceedings must be initiated within three (3) years from the date the breach of duty of care caused the injury or loss.

• If the time limit has passed, exceptions may apply in rare circumstances, but you will need a reasonable explanation for the delay.

It’s crucial to seek legal advice promptly to ensure all requirements are met within these timeframes and to protect your legal right to compensation. Delays in starting the process can risk your ability to lodge a successful claim.

The timeframe for resolving a medical negligence claim varies depending on the complexity of your case. Once our medical negligence lawyers determine you have reasonable prospects of success and the claim is financially worthwhile to pursue, we will provide you with a detailed written advice and proposal.

This will include:

• An estimated timeframe for resolving your case, stated in plain language.

• A clear breakdown of potential costs, tailored to your case.

Typically, most medical negligence claims are resolved within 6 to 18 months from the time the claim officially starts. However, if the case proceeds to trial (which is uncommon), the process may take an additional 6 to 12 months.

We understand that costs can increase if a claim progresses to court, but we strive minimise expenses wherever possible. Our goal is to keep you fully informed at every step, ensuring transparency about both timelines and fees.

If you file a medical negligence claim against a doctor, allied health care provider, or hospital, the compensation is usually paid through the insurance policy they hold.

Healthcare professionals and institutions are generally required to have insurance to cover these types of claims, making it very uncommon for a medical negligence case to not be covered.

answer.