Due to the nature of health, there are many reasons an operation or treatment may not go as expected. In a lot of cases, health professionals have provided the right level of care, and the negative outcome is due to complications outside of their control. However, sometimes the accepted standard of care has not been met, resulting in serious injury. If this is the case, you may be entitled to medical negligence compensation.
This article explores key considerations, with insights from John Harvey who was recently recognised in the 2025 Doyle’s guide as Recommended in the Medical Negligence category. As medical negligence is a complex area of compensation law, seek legal advice to properly understand your specific situation before taking action.
Was IT failure to provide reasonable care or not?
Having a complete understanding when it comes to medical negligence is important for a number of reasons. Being informed means you won’t pursue a case that is not the healthcare professional’s fault, you will know if you can receive compensation to help cover your medical expenses and loss of income, and you will have the right information to navigate the process.
If you think your injury is the result of medical negligence, talk to someone who is experienced in this area of law. It is different to general injury claims and having someone who knows the ins and outs can get you a fairer outcome.
Our lawyers determine whether you should receive medical negligence compensation or not. This investigation will include looking at medical records for evidence of the seriousness of the injury, along with medical costs and loss of income. We also consult with independent medical specialists to determine whether the injury was preventable and is the result of care that is below an acceptable standard.
Time is critical
In Queensland, you must start your medical negligence claim within 3 years from the time you are injured. However, you need to give the healthcare professional a notice that you are pursuing a claim within 9 months of when the injury happened.
Even if the limitation period has lapsed, there can be special circumstances which allow a claimant to extend that period. If you’re seriously considering whether you should pursue a claim, seek legal advice as soon as possible.
How long does medical negligence compensation take?
As these cases are complicated, a medical negligence compensation claim can take up to 2 years. During this time your medical records will be accessed, medical experts will be consulted with, and you will need to see doctors upon request.
If you have questions or are considering making a claim, get in touch to speak with an experienced medical negligence lawyer.