Start your free &
no obligation claim check

"*" indicates required fields

Name*
1800 094 603

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.

Medical Negligence Queensland Icon

Get free initial medical negligence advice from our experts today

Free & no obligation claims check

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. 

Get a call back
from our team

30 day 
Free-Trial
Limit on Max 
Legal Fees
No Win. 
No Fee.
Free Initial
Case Review
envelopemap-markercrossmenu linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram