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Health system let you down? We help find answers and hold those responsible accountable.

Healthcare providers have a high duty of care but regrettably, there are times when the system itself is a contributing cause to adverse health outcomes. 

Whether due to a lack of appreciation of the significance of a condition, delays in treatment or diagnosis, misdiagnosis or other concerns, the medical negligence lawyers at Murphy's Law can assist. 

Offering advice and support, with no up-front costs, our experienced medical negligence lawyers work on a no-win, no-fee basis.

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What Are Some Examples Of Medical Negligence?

In basic terms, medical negligence occurs when a hospital, doctor or other health professional does something wrong and your health is affected by that error.

Some of the most common types of medical negligence which we come across are:

  • Surgical errors leading to long-term complications such as operating on the wrong body part or damaging other parts of the body during a procedure
  • Misdiagnosis or delays in diagnosing and treating cancer, infections or disease
  • Prescribing the wrong medication
  • Failure to order required tests or engage appropriate specialists for advice 
  • Misreading or overlooking test results
  • Birthing injuries  or failure to detect birth defects 
  • Cosmetic surgery injuries
  • Post-surgery trauma from events such as waking during surgery due to anaesthetist errors
  • Inadequate advisement of potential risks associated with a procedure 

How To Start A Medical Negligence Claim

The first step in starting a medical negligence claim is to consult a medical negligence lawyer. Our medical lawyers in Brisbane are experts in this field and can provide free initial advice and claim options tailored to your unique situation.

Once engaged to handle your claim, we begin with delivering an “Initial Notice” to the doctor/hospital responsible. As per Queensland legislation, there are strict time limits that apply to serving an Initial Notice; and a requirement that it contain all the information outlined in the Personal Injuries Proceedings Act 2002 (PIPA).

The serving of this Initial Notice initiates the start of a set timeframe in which you are required to subsequently serve your Part 1 Notice of Claim form upon the doctor/hospital.

With several steps involved in the preparation and serving of a compliant Part 1 Notice of Claim form, it is strongly recommended to seek legal advice to assist with this and to successfully guide you through the claims process as a whole. 

How Long Does A Claim Take

In our experience, the average timeframe for finalising a medical negligence claim is about 18 months.

However, there is no guarantee regarding timeframes as the unique nature of the person’s medical condition, how easy or difficult it is to prove the negligence, and how many defendants are involved all play a role. Typically the more doctors and hospitals involved and the more significant the illness or injury is, the longer the claim will take.

In Queensland, medical negligence claims are governed by the Personal Injuries Proceedings Act 2002 (PIPA). Much of your claims process will be related to performing the steps required under this legislation, with a settlement conference only possible once these have been completed. Should a formal court process be required a further 6 to 18 months may be necessary to conclude the claim. 

In some circumstances, such as where a terminal illness is diagnosed, claims may be able to be fast-tracked. No matter your circumstances, seeking legal advice as soon as possible is essential. 

How Much Compensation Will I Get For Medical Negligence? 

Medical negligence compensation can range from tens of thousands to hundreds of thousands of dollars or into millions depending on the circumstances involved in the claim. 

Data kept by the Australian government’s National Claims and Policies database (for 2017) shows that while most claims are finalised with payments of less than $100,000 around 6% of all claims result in payments of over $500,000.

No two compensation claims are the same and care and attention needs to be given to the impact a medical negligence event can have on a person in every claim. Several factors will affect the level of compensation awarded including:

  • The nature and number of the injuries or illnesses present
  • The severity of the impact caused by the illness or injury 
  • Whether any ongoing surgeries or treatment are needed
  • The impact your injuries or illness have on your work
  • If any ongoing medical treatment is required and
  • Whether you now need care and assistance with your day-to-day activities

An experienced medical negligence lawyer will be able to help give you an estimate of the compensation you might be entitled to.

Why Choose Murphy’s Law Accident Lawyers?

At Murphy’s Law, we understand you have a choice when it comes to finding medical negligence lawyers and value your trust in us. 

Our team of highly experienced lawyers for medical negligence treat you as an individual, not a case number. Guiding you through every step of the no-win, no-fee claims process, we will take on your fight and are committed to achieving the compensation you are entitled to. 

Avoid missing claim time limits and request your free initial case review today. 

Frequently Asked Accident Claim Questions

How do I prove medical negligence?

To succeed in a medical negligence claim there are three (3) things you need to prove:

  • that the health practitioner/hospital owed you a duty of care;
  • that health practitioner/hospital breached that duty of care; and
  • as a result, you sustained some sort of personal injury or loss.

Proving those things really comes down to picking the best medical expert to provide an opinion on your matter. This is why it pays to engage lawyers who are highly experienced in medical negligence and know who the best experts are to get involved in your claim.

How do I complain about a doctor or medical professional in Queensland?

If you have some concerns about medical treatment you have received in Queensland, you can make a complaint to the Office of the Health Ombudsman (“OHO”).

You can lodge a complaint with the OHO using their online complaint form. We have also prepared a step by step guide which includes the information you should gather before lodging a complaint.

Since 1 July 2014, the OHO has been established to receive and investigate complaints about health services and health service providers, whether those providers are registered or unregistered health practitioners.

Once your complaint is received, the OHO will assess your complaint and determine what further action should take place. In some instances, the OHO will refer your complaint to the Australian Medical Board so that further action can be taken against the relevant medical practitioner.

How much compensation for medical negligence resulting in death?

The awards for compensation vary greatly when a death is involved in a medical negligence incident.   It could result in an award of damages of tens of thousands of dollars.  It could be hundreds of thousands of dollars or it could be much more.

It’s important to appreciate that the law in Queensland does not allow compensation for the loss of a life.  The compensation doesn’t represent the value of that life.  It compensates loved ones for the impacts the death has had on their own health and mental well being.

If you have lost a partner or family member there can be multiple avenues for compensation. For example:

  • if you developed a psychological condition (such as anxiety depression, PTSD and so on) because of the death, you could be entitled to a compensation claim for the effect that has had on you personally;
  • if you relied upon your partner/family member to earn money for the household, a claim for the ‘loss of dependency’ could be made; or
  • if you relied upon your partner/family member to perform household chores and other duties, you could be entitled to make a claim for those lost services.

The more these issues have impacted on you the larger the potential award of medical negligence compensation could be.

Find out more by contacting us and speaking with an expert medical negligence lawyer.

Are medical malpractice settlements taxable?

No. You do not need to pay any tax on your medical negligence compensation.  It is tax free.

What is causation and how does it affect my claim?

Causation is a legal term. It is one of the three things needed to prove to have a successful medical negligence claim.

Those three requirements are:

1.  the health professional did something wrong (they breached their duty of care to you).

2.  the error caused your current medical condition (causation).

3.  You suffered a loss because of the injuries (you suffered damage). 

Let’s look at an example of when you would not be able to prove causation:

  • John sees his GP to have a suspicious mole on his arm checked.
  • The GP tells John that “It’s just a freckle, you don’t need to get it cut out”.
  • One month later John sees the GP again. He has another look at the mole and realises that it's skin cancer.
  • The GP cuts the skin cancer out and John is ok.

In that example, the GP may have made an error in failing to diagnose that the mole was a cancer in the first place. However, because the cancer was diagnosed soon after, that error has not caused John to suffer any injury. He can show the doctor made a mistake but he cannot prove causation.

Now, let’s look at an example when you would be able to prove causation:

  • Kelly sees her GP to have a suspicious mole on her leg checked;
  • The GP tells Kelly “It’s just a freckle, you don’t need to get it cut out”.
  • 1 year later Kelly notices that the suspicious mole on her leg is now twice as big.
  • She returns to her GP who looks at the mole and realises that it’s a skin cancer.
  • Kelly has some further tests and finds out that the skin cancer has now spread through her leg. It has been spreading over the last year.  She is rushed into hospital where her leg is amputated,
  • Kelly is later advised by another doctor that if the skin cancer had been diagnosed and cut out 1 year ago, she would still have her leg.

In that example, Kelly can prove that the error by the GP has caused her injury (the loss of her leg). She is able to prove causation and succeed in a claim for medical negligence.

The issue of causation is not always a simple one.  Sourcing the right advice and getting the best medical expert evidence is the key to a successful claim.

Are medical negligence claims difficult to win?

If you genuinely know there was a medical error and you can maintain a clear focus on the challenges to be confronted in a medical negligence claim and you work hard to find ways to overcome them then very few claims are too difficult to win.  It’s then just a matter of time, resources and perseverance.  An expert medical negligence lawyer can help you with all three.

No medical negligence claim is the same as any other. The reality is some claims will be more difficult than others.  But if you’ve been badly affected by poor health care isn’t it worth fighting for a fair and just outcome?  

Medical negligence litigation is a very specific area of personal injury law. For that reason, it is essential that you engage an experienced medical negligence lawyer who knows how to win these types of claims.

When I sue the doctor/hospital, what is the impact upon them professionally/financially?

In the majority of cases, there is very little impact (either financially or professionally) on the medical practitioner from a medical negligence compensation claim.  That’s because there is usually a medical insurer involved. 

When you sue a medical practitioner, it is usually the insurance company who will pay your compensation – not the practitioner themselves.

There can be professional consequences, however, if a formal complaint is lodged with the relevant governing body. 

An experienced medical negligence lawyer will be able to help direct you down the most appropriate path.

Can my own treating doctor be called upon to give evidence?

In theory, yes, but it rarely happens. It is possible  that your treating doctor could be called upon to give evidence (either in the form of a medical report or by turning up to court).

The vast majority of claims resolve informally through negotiations with the medical insurer though without the need to go to court.  So it is highly unlikely your treating doctor would need to get involved.

How can I make the treatment provider accountable for what has happened?

In Queensland, there are three options which are available to you:

  • Making a complaint to the hospital/medical centre about the treatment provider;
  • Making a complaint to the Office of the Health Ombudsmen (OHO), who may refer to the matter to the Australian Medical Board; and
  • By making a claim for compensation against the treatment provider.

You are entitled to use all three of those options, if you choose to do so.

Can I sue a hospital for negligence?

Yes, it is possible for a medical negligence claim to be made against a hospital. To be eligible and viable for compensation then any claim needs to prove negligence and typically, needs to have resulted in an injury causing financial loss.

Medical negligence claims are negotiated with the liability insurers of the negligent parties which could be organisations such as a hospital or in the case of certain roles such as surgeons and anaesthetists, the insurance is often held at an individual level. Some claims may be against multiple parties. Determining negligence and who the negligent parties for a claim would be are part of the process our medical negligence lawyers take towards the start of the compensation process.

Can I sue a nurse for negligence?

You can sue for compensation if the negligent actions of a nurse or nurses has led to an injury or harm causing financial loss. As with all such cases, negligence needs to be proven. Some health care procedures have a level of risk associated with them even in best case scenarios.

As part of our process, we would investigate who the at-fault parties were and in the case of nurses, the claim would typically be negotiated with the insurer for the organisation for which they worked such as a hospital owner or State based organisation such as Queensland Health.

Can I sue my dentist for negligence?

Yes, it is possible to sue a dentist for negligence if negligence can be proven and significant pain and/or injury has been caused (typically resulting in financial loss).

As with all health care professionals, dentists undergo extensive training and many procedures come with a certain amount of risk which means most bad outcomes are despite the best efforts of the dentist and not due to negligence.

  • Surgical errors - from procedures such as root canal or wisdom tooth removal
  • Nerve damage - can be caused from excessive pressure on equipment or drilling too far
  • Failure to investigate or correctly diagnose dental issues - this may delay appropriate treatment leading to ongoing dental issues and costs.
  • Dental implant errors - This can cause a number of issues beyond the cosmetic impact including infections to the gums and bone damage from unsuccessful dental bone grafts.
  • Unnecessary treatment - dentists have a moral and professional obligation to only conduct work that actually requires doing.
  • Failing to secure informed consent - dentists need to inform patients of the work they plan to do and any associated risks before commencing a procedure.

For smaller issues where some additional dental work or refund is sufficient, you may be able to resolve the issue by complaining directly to the dental provider directly or via a complaint to the Queensland Health Ombudsman for which we have a step by step guide.
Where you feel a dental practitioner is putting people at risk then a Queensland Health Ombudsman complaint should always be made if it happened in Queensland. For other States and territories other than QLD and NSW, complaints should be made to Aphra (Australian Health Practitioner Regulation Agency) and in NSW, to the HCCC (Healthcare Complaints Commission).

Can I sue my doctor for negligence?

Yes, you may be able to sue for negligence and be entitled to compensation if you think you have sustained some kind of personal injury (or have lost a loved one) as a result of medical malpractice. 

There are three things you need to prove to succeed in a medical negligence claim:

  1. That the health professional did something wrong or breached the duty of care that they owed you as their patient 
  2. That an injury or death occurred
  3. That the injury or death was caused by the wrongful act taken by the health professional (causation), and wasn’t an outcome that would have happened anyway regardless of anything done by the health professional   

To give yourself the best chance of succeeding in a medical negligence case, you must contact a specialist medical negligence claim lawyer as soon as possible to obtain advice.

Can you sue a doctor for being prescribed the wrong medication?

Yes. If you have been prescribed an incorrect medication by a doctor that has caused you to suffer some kind of personal injury (or caused the death of a loved one) you can bring a compensation claim.

To succeed in such a claim, you must be able to show that taking the wrong medication led to your current problems (rather than the original illness you were taking the medication for in the first place).

For example, should you be prescribed pain medication, but are given blood pressure medication by mistake you may experience adverse effects from taking the wrong medication. This could include dizziness that causes you to fall over and become injured or worse, cause an accident while driving.

If long-lasting injury to yourself or another result from this error, then you would have a legitimate claim for medical negligence.  

Can I sue a doctor or hospital for misdiagnosis?

Yes. If the doctor or hospital gets your medical condition wrong you may be able to sue for medical negligence compensation. More prevalent than most of us realise, medical experts estimate as many as 140,000 cases of medical misdiagnosis occur in Australia every year.  Up to 21,000 of those result in serious harm.

You may have experienced a medical misdiagnosis if:

  • A health professional did not detect your condition at all when they should have
  • You have been told you have the wrong medical condition
  • A doctor or hospital has advised that your medical condition is mild or new when it’s serious and/or well-advanced

Medical research shows that common types of medical misdiagnosis include:

  • Cancer (this is the leading misdiagnosis case)
  • Vascular events (strokes, heart attacks and so on)
  • Infections
  • Neurological disorders (such as Multiple Sclerosis and Parkinson’s disease)
  • Degenerative illnesses
  • Immune system disorders such as lupus or celiac disease
  • Viral illnesses 
  • Musculoskeletal conditions like fibromyalgia and more. 

To succeed in a medical negligence claim for misdiagnosis you need to show that your health is worse off because of the doctor’s or hospital’s error.  An important first step to take is to speak with an experienced lawyer for medical negligence to help explore your options. 

Can you seek compensation for stillbirths and neonatal deaths?

Tragically, we hear too often about parents losing a child (either before, during or after they are born) as a result of medical negligence. The Australian government’s statistics reveal that the majority (59.5%) of stillbirths occur before the onset of labour, demonstrating the importance of expert care during this period.  

The most common causes of prenatal (before birth) and neonatal (after birth) injuries and deaths include:

  • Delay in diagnosing or treating infection
  • Delay in diagnosing and treating a complication in the womb
  • Preeclampsia and
  • Complications during delivery

If your child has been injured or has passed away due to medical negligence, you may be entitled to seek compensation for your injuries, loss and immeasurable mental anguish. 

Can I sue for a failed cosmetic surgery procedure?

Yes. If you are unhappy with the outcome of cosmetic surgery or have suffered some sort of complication from cosmetic surgery you could be entitled to seek personal injury compensation.

The most common types of cosmetic surgery and procedures which can give rise to medical negligence claims include:

  • Breast augmentation surgery (breast implants)
  • Nose surgery (rhinoplasty)
  • Tummy tuck (abdominoplasty)
  • Laser therapy
  • Cosmetic injectables including dermal fillers and Botox 
  • Skin rejuvenation procedures such as chemical peels or dermabrasion
  • Liposuction

Some of the most common complications that occur with cosmetic surgery include:

  • Scarring or skin necrosis
  • Complications from the anaesthesia (such as lung infections, stroke, heart attacks and death);
  • Extreme or ongoing bruising and swelling
  • Numbness or nerve injury
  • Organ damage
  • Blood clots leading to Deep Vein Thrombosis (DVT) and pulmonary embolism
  • Blurred or loss of vision, overproduction of tears or altered shape of eyes (for eyelid surgery
  • Infections
  • Psychological injuries related to body image, a traumatic recovery or continued pain and difficulties from the procedure

Are there risks with having cosmetic surgery overseas?

There has been a growing trend in recent times towards cosmetic tourism (travelling overseas to undergo surgery).  Not only has this given rise to genuine concerns about safety and medical care if things go wrong, but it can also have a significant impact on an individual's legal rights in the event of malpractice.  

Each country has their own legislation and processes regarding medical negligence compensation. While in some destinations these may be similar to Australia, others can be vastly different and afford foreigners no legal rights at all. 

It’s best to speak with an experienced plastic Surgeon before undergoing any cosmetic surgery overseas and seek advice from a specialist medical negligence lawyer regarding your legal rights pertaining to this destination in advance of travel.  

How long do you have to sue for medical negligence?

Generally speaking, in Queensland, you have 3 years from the time of any medical negligence to bring a claim to the court or risk losing your legal rights to pursue a claim.

There are exceptions to that general rule. For example:

  1. If you weren’t aware of the medical error (or that your current condition was related to it) within the usual 3 year time period, but later become aware of the negligence. In this case you can ask the court to give you an extension of time to make a claim. However, you will need to do that within 1 year of learning of these matters or your rights will again expire.
  2. Children have until their 21st birthday to bring a claim (although a formal notice of the claim should still be given within six years of any injury occurring)
  3. People with certain types of mental or cognitive incapacities who cannot make their own decisions have an ongoing extension in which to bring a claim

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