Medical Negligence Lawyers Brisbane – Get the Justice You Deserve

If you’ve sustained injuries due to medical negligence or while under the care of a healthcare provider, our experienced medical negligence lawyers in Brisbane and greater Queensland can assist you in understanding your legal options. We specialise in medical malpractice claims and can guide you through seeking compensation, offering support at every stage.

Aylward Game Solicitors and Brisbane Lawyers are here to keep you ahead of the game, with offices now located in Brisbane, Gold Coast, and Sunshine Coast. If you require assistance from medical negligence lawyers, please schedule your no-obligation consultation today.

Recognising Medical Negligence

Recognising your healthcare rights can take time and effort. It is critical to know what constitutes an acceptable level of medical care and what could constitute medical negligence.

What is Medical negligence?

All healthcare professionals in Brisbane must deliver their patients with an acceptable standard of care. They must uphold their ‘duty of care’ by exercising reasonable skill, judgement, and care when examining, diagnosing, treating, and advising you. Suppose a medical provider fails to meet these obligations, resulting in harm, injury, or the death of a patient. In that case, it may be considered medical negligence or malpractice.

Get Ahead with Expert Legal Guidance

Trust Aylward Game Solicitors to Navigate Your Legal Challenges

Schedule Your Appointment Now

Call Us (1800) 217 217

Common Medical Negligence Claims in Brisbane

Medical Negligence Claims for Surgical Errors

Surgical errors pose significant risks and can be profoundly traumatic for patients. Some typical surgical mistakes include:

• Leaving foreign objects inside a patient’s body.
• Operating on the incorrect site.
• Performing unnecessary surgeries.
• Incomplete surgical procedures.
• Inflicting damage during post-operative care.

Suppose you have sustained injuries as a result of surgical errors or negligent medical treatment before, during, or after surgery in Brisbane. In that case, you may have grounds to pursue compensation.

Misdiagnosis or Delaying Diagnosis Claim

We’ve assisted numerous clients in Brisbane who’ve endured severe consequences due to medical misdiagnosis or delayed diagnosis. When a medical provider incorrectly diagnoses, fails to diagnose a condition within an acceptable timeframe, or completely overlooks a diagnosis, it can result in dire patient outcomes.

Being deprived of the correct or timely treatment can constitute medical negligence. Suppose you or a loved one has experienced misdiagnosis. In that case, we’re here to help you navigate your options for pursuing a medical negligence claim.

Birth Injuries Malpractice Claim

Claims for medical negligence concerning obstetrics and gynaecology can prove notably distressing and complex. Suppose you or your baby have sustained injury or harm due to negligent treatment from your obstetrician, gynaecologist, doctor, midwife, or hospital (beyond a reasonable mishap or mistake) during your pregnancy or childbirth. In that case, you may have grounds to pursue a claim.

Medical Malpractice Allegations for Anaesthetic Mistakes 

Incorrect administration of anesthesia can have fatal consequences for patients. Such errors can lead to life-threatening situations, as well as cause brain injuries, strokes, nerve damage, adverse reactions (if the wrong anesthesia is administered), or even instances of patients waking up during surgery.

Suppose you’ve suffered injury or harm due to negligent treatment from your anesthesiologist or medical provider. In that case, you may be eligible to file a medical negligence claim.

Nervous Shock Claim

A nervous shock claim, or psychological injury claim, concerns the psychiatric disorder that can arise following a traumatic event. You could potentially pursue a psychological injury claim if your mental health has been impacted by medical damage or the loss of a loved one due to medical malpractice.

Claim of Dependency 

Imagine your loved one has passed due to neglectful medical treatment, and you depended on them (for instance, as a spouse or child). In that case, you might be able to file a dependency claim for loss of income.

These claims are intricate and distinct from personal injury medical negligence claims, so seeking legal advice is advisable if you believe you qualify for a dependency claim.

How Can You Prove Medical Malpractice?

Our team of medical negligence attorneys is here to assist you with making a claim. We provide expert legal advice and represent your case to ensure you receive the best compensation.

To build a solid medical negligence claim, we will work with you to demonstrate that your practitioner failed to fulfil their duty of care. This may include:

• Establishing a physician-patient relationship with the healthcare provider you are suing (i.e. you hired the provider, and they agreed to be hired).
• Proving the healthcare provider was negligent and provided less than the appropriate standard of care.
• Demonstrating that the provider’s negligence caused injury or death.
• Showing that the injury led to specific damages (e.g. physical and mental anguish, additional medical bills, or loss of income).
• Proving the healthcare provider failed to provide a reasonable diagnosis, leading to a harmful outcome.
• Showing the healthcare provider administered your treatment incompetently.
• Demonstrating the healthcare provider failed to warn you about known risks of the procedure or course of treatment.

If you have solid grounds to make a medical negligence claim against a practitioner, contact our malpractice lawyers in Brisbane as soon as possible. 

As with all personal injury cases, there are rigid time limits for creating a medical negligence claim. The sooner you act, the better your chance of getting compensation.

Contact our professional negligence medical lawyers in Brisbane today to arrange an obligation-free appointment or for legal advice on your medical negligence claim.

How to Begin a Medical Negligence Claim

Starting a medical negligence claim against a medical practitioner is challenging. However, if you are serious about pursuing one, our lawyers can offer the necessary guidance.

We will assist you in gathering all the evidence and documentation required for your claim and support you throughout the process.

Operating on a no-win, no-fee basis ensures you only incur charges if your case is successful. Contact our lawyers today for an obligation-free discussion about your case.

• Evidence Collection

Providing credible evidence, such as a medicolegal report from an independent health specialist, is crucial for lodging a successful medical negligence claim. As soon as you engage us in your case, we will guide you through compiling the necessary evidence.

• Notice of Claim

Under Queensland law, you must give notice of the claim to the medical practitioner you intend to sue. Subsequently, a compulsory conference must be organised to identify and clarify the issues in the dispute. Our medical negligence lawyers can assist you throughout this process.

• Filing the Claim

If a settlement is not reached at the compulsory conference, you have 60 days from its date to file and serve the medical practitioner with a claim in the appropriate court. We will guide you through filing the claim in the court registry.

Get Ahead with Expert Legal Guidance

Trust Aylward Game Solicitors to Navigate Your Legal Challenges

Schedule Your Appointment Now

Call Us (1800) 217 217

Examples of Medical Malpractice

Medical malpractice claims can affect doctors, nurses, dentists, pharmacists, and allied health specialists.

Examples of medical malpractice include:

• Doctors failing to diagnose or making incorrect diagnoses.
• Ignoring or misinterpreting laboratory results by medical professionals.
• Recommending and conducting unnecessary surgical procedures.
• Make errors during surgery or perform surgery on the wrong body part.
• Failure to deliver the proper drug or dose. 
• Providing inadequate follow-up or post-treatment care.
• Premature discharge of patients from medical facilities.
• Neglecting to consider a patient’s medical history.
• Please order appropriate tests for diagnosis.
• Overlooking or misinterpreting symptoms by healthcare providers.

Medical Negligence’s Legal Significance

When visiting a medical practitioner or healthcare provider in Brisbane, one expects them to fulfil their duty of care. However, instances of negligence or failure to provide a reasonable standard of care can lead to severe injuries and trauma for victims. Medical injuries can profoundly impact both individuals and their loved ones, significantly affecting their quality of life, mainly if resulting in total and permanent disability. Therefore, it is essential to comprehend one’s rights, identify liability for harm, and explore options for seeking justice.

Suppose you have sustained injuries while under the care of a medical professional in Brisbane; you may qualify to pursue a medical negligence compensation claim. While it is understood that no compensation can fully compensate for the trauma caused by negligent treatment, it can help alleviate financial burdens, enabling individuals to focus on rest and recovery. Additionally, our team of expert medical negligence lawyers can assist in addressing matters with medical institutions, seeking explanations, formal apologies, access to health records, and making official complaints to the relevant governing body.

How to Identify Medical Negligence

Understanding medical negligence or malpractice is crucial when undergoing medical treatment in Brisbane.

Indicators of Medical Negligence

Medical negligence can manifest in various forms, from medication errors to surgical mishaps. Signs that your medical provider is not upholding a reasonable standard of care may include:

• Failing to adequately inform you about the risks associated with a medical procedure or treatment method.
• Neglecting to review your tests or screenings promptly, leading to delayed diagnoses.
• Incorrectly interpreting or reporting test or screening results.
• Failing to provide appropriate post-operative care.

Suppose you believe your medical provider needs to deliver an acceptable level of care. In that case, you must explore your options and, if necessary, seek alternative medical attention promptly.

You have the right to:

• Request further information or tests from your doctor.
• Seek another medical opinion.
• Complain with the relevant institution.
• Pursue a medical negligence compensation claim if you have suffered injury or harm due to malpractice.

Moreover, suppose you suspect that your medical practitioner’s conduct poses a risk to other patients. In that case, you can file a formal complaint with the appropriate regulatory body in your state.

Conclusion

Medical negligence compensation claims encompass more than surgical or medical errors; they extend to a broad spectrum of injuries, complications, and lack of informed consent.

Our knowledgeable staff will help you through the medical malpractice claims procedure and ensure the best possible outcome for your case.

At Aylward Game Solicitors, our top priority is your health. We take care of all the medical negligence compensation claims paperwork so you can focus on getting better. 

If you require assistance regarding medical negligence, our team of best medical negligence lawyers at Aylward Game Solicitors is here to assist you.

Get Ahead with Expert Legal Guidance

Trust Aylward Game Solicitors to Navigate Your Legal Challenges

Schedule Your Appointment Now

Call Us (1800) 217 217

FAQs

How Much Time Would a Medical Negligence Claim Take to Complete?

The timeframe for your medical negligence claim varies depending on factors like its complexity and the other party’s willingness to settle.

Certain cases may extend over several months. Our team of medical malpractice lawyers will strive to expedite your damages award. Accessing your compensation enables you to begin rebuilding your life sooner.

How Much Compensation Can I Claim?

Each case has a different amount of damages awarded in medical negligence cases. The details of your claim and the degree to which your quality of life has been impacted will determine how much money you receive. You might be qualified for more significant damages if you cannot work and need continuous care.

In addition to pain and suffering, any out-of-pocket costs you have incurred will be considered. After examining your case, our knowledgeable medical negligence attorneys can advise you on an appropriate settlement amount. 

Does Medical Negligence Claims Have a Time Limit?

Like other personal injury claims, there are time constraints for filing your medical negligence claim. These limits differ among states and territories, highlighting the significance of promptly seeking a legal advisor to adhere to your region’s guidelines.

Typically, you’ll have a three-year window from the date of your injury to initiate your claim.