+61 7 3001 2999

+61 7 3001 2999

Medical Negligence

Medical negligence or medical malpractice occurs when hospitals,
doctors, chemists or other health providers fail to provide medical
services of the appropriate standard.

Claims can include misdiagnosis, anaesthesia and surgical errors, defective medication or drugs, birth injuries, negligent nursing care, equipment failure, overdoses of medication, and dental malpractice.

Medical litigation requires specialist knowledge and experience, as the failure of a medical treatment or procedure does not in itself mean there has been negligence, nor does the making of a simple, but reasonable, mistake. The procedures and time limits involved in bringing claims are extremely complex and require expert legal advice.

Qld law restricts us from presenting certain information about personal injury compensation law. However, we are able to provide you with more details if you are making a genuine enquiry or are an existing client of Bennett & Philp.

If you want to investigate your rights regarding whether you have a medical negligence claim click the "Need to Know More"  box to the right or you can contact us for obligation-free advice regarding your particular circumstances using one of the to following methods that is most convenient to you:

Call Us today Call us on (07) 3001 2999 or use our Toll Free number on the right
Use our Live Chat Talk to our Live Chat operator using the Chat box below
Make an On-line Enquiry Complete the on-line enquiry form to the right
Email us now Contact or email any one of our specialist personal injury lawyers below.

Bennett & Philp Lawyers act in personal injuries claims for medical negligence on a no-win, no fee basis.

Commonly Asked Questions:
Do I have a claim?

A claim can potentially be made against a doctor, hospital or other health provider if injury is caused because of a failure to:

  • use reasonable care and skill in the performance of surgery;
  • properly interpret or act on medical test results;
  • diagnose, or diagnose without unreasonable delay;
  • act on the diagnosis of a medical condition;
  • provide appropriate treatment for a condition, and
  • provide correct medication or appropriate dosages of medication.

Most health professionals and hospitals, including Queensland Health, are covered by their own medical insurance.

What can I claim?

You may be entitled to receive damages for:

  • pain & suffering and permanent impairment;
  • lost earnings/income;
  • medical, hospital, rehabilitation and other costs;
  • loss of occupational superannuation benefits whilst you are off work, and
  • future loss of earnings/impairment of earning capacity caused by your injuries, up to your anticipated retirement age.

Your damages are generally tax free.

What are my time limits?

In Queensland, there are strict time limits regarding the making of a claim against health professionals. A notice should generally be sent to the health professional within 9 months of a medical negligent act or in 1 month of instructing a solicitor to seek damages for personal injury. Legal proceedings must be instituted within 3 years of the negligent act.