Did a Doctor Make a Serious Mistake? You May Have a Case

What you need to know about medical negligence claims in Queensland

Doctors are human — they can make mistakes.

But when a medical mistake causes serious harm to you or someone you love, it’s not just a bad experience — it might be medical negligence.

You may be thinking:

❓“Can I sue a doctor or hospital in Queensland?” ❓“Was this just a bad outcome… or actual malpractice?” ❓“How do I even prove it?”

Let’s break it down 👇

Here’s a simple guide to help you understand if you may have a medical negligence claim — and what to do next.

⚖️ What Is Medical Negligence?

In Queensland, medical negligence happens when:

• A health professional (doctor, nurse, surgeon, radiologist, etc.)

• Fails to take reasonable care

• And you suffer injury, illness, or loss as a result

💡 It’s not just about getting a bad result — it’s about whether the standard of care fell below what’s reasonably expected.

🧠 Real-Life Examples of Medical Negligence:

• A surgeon operates on the wrong body part 😱

• A GP misses a cancer diagnosis after repeated visits

• A nurse gives the wrong medication

• A hospital discharges a patient too early, and they collapse at home

• A radiologist fails to report a serious fracture seen on an X-ray

If any of these happen to you (or a loved one), you may have a strong case.

🚨 What Medical Mistakes Aren’t Considered Negligence?

Some outcomes — while tragic — may not be legally considered negligent. For example:

• The doctor followed all correct procedures, but the treatment didn’t work

• You had a known risk or side effect from a procedure

• The doctor made a reasonable judgment call under pressure

That’s why these cases need to be reviewed carefully by a lawyer and medical expert.

🧾 What Can You Claim in a Medical Negligence Case?

If a medical error caused you harm, you may be able to claim compensation for:

💰 Type	📋 Includes
Medical costs	Hospital, surgery, rehab, medication
Loss of income	Time off work, reduced hours
Pain & suffering	Physical + psychological damage
Future care	Ongoing treatment or home help
Travel costs	Appointments, fuel, accommodation
Out-of-pocket expenses	Equipment, support, therapy

📣 In serious cases, claims can be worth hundreds of thousands of dollars — or more.

🧑‍⚖️ Do You Have a Case?

You might have a case if:

✅ The medical provider owed you a duty of care

✅ They breached that duty (i.e. made a serious mistake)

✅ That mistake directly caused your injury or made your condition worse

✅ You’ve suffered real loss — physically, emotionally, or financially

📋 What Should You Do Next?

✅ 1. Request Your Medical Records

Ask the clinic or hospital for your full file — you’re entitled to it under Queensland law.

✅ 2. Write Down What Happened

Include:

• Dates

• Names of doctors

• Symptoms

• What you were told vs what actually happened

✅ 3. See Another Doctor

Get a second opinion to confirm whether the treatment or diagnosis was substandard.

✅ 4. Contact a Personal Injury Lawyer (Medical Negligence Specialist)

They’ll:

• Review your records

• Consult with medical experts

• Help you file the claim

• Work on a No Win, No Fee basis

📅 Time Limits for Medical Negligence Claims in Queensland

Step	Deadline
Notice of Claim	Within 9 months of discovering the injury
Start court proceedings	Within 3 years

⏰ The clock usually starts when you become aware that something went wrong — not always the date of the treatment.

❌ Common Mistakes to Avoid

❌ Mistake	⚠️ Why It’s Risky
Waiting too long	You may miss the time limit
Assuming it’s “just bad luck”	You might be entitled to compensation
Not getting records	No proof = no case
Talking to hospital’s insurer	They may pressure you to settle early
Trying to handle it alone	Medical claims are complex — legal help is key

✅ Was It Medical Negligence?

Question	Yes = You May Have a Case
Was there a serious mistake?	✅
Did it lead to harm or extra treatment?	✅
Would another doctor have acted differently?	✅
Did it cost you time, money, or health?	✅