Medical Negligence Injury

If you have suffered an injury or complication as a result of a negligent treatment from a hospital, doctor, chemist or other health care provider, you may be eligible for compensation.

Medical Negligence incorporates a wide spectrum of injuries and complications, not just injuries resulting from surgery.

If the level of care that you received from a medical practitioner that was significantly less than the standard accepted amongst similar practitioners, and you sustained an injury as a result, you may be entitled to claim for compensation. This can also include incorrect advice, unlawful treatment and lack of treatment that resulted in injury. If you have a claim, we will act for you on a No Win, No Fee basis, no matter your financial circumstances.

Medical Negligence claims are not restricted to surgical error, and can be made for ‘failure to warn’ or lack of informed consent. The types of situations or errors that can lead to a medical negligence claim are;

  • Treatment and Advice; where the treatment or advice you received whether incorrect or unlawful. Including lack of treatment or ‘failure to warn’ you of the risks and/or possible outcomes, that if you had known of you would have refused that treatment or medication and that resulted in injury.
  • Medical or Surgical: where the surgical or medical procedure was conducted incorrectly, negligently or without informed consent and has resulted in further injury, illness or complications.

As within other fields, medical and healthcare professionals are held to a duty of care. This duty of care comes into play in all medical negligence cases. In these instances, the duty of care owed is the usual duty that arises from a patient / doctor relationship. This duty extends to other practitioners including pathologists, midwives, dentists, physiotherapist, speech pathologists and alike. If it can be proven that the standard of treatment or care fell short of what would be reasonably expected from a practitioner of similar qualifications, then there is every chance that it can be proven that a breach of duty occurred.

In this instance it is important that you engage an experienced medical negligence lawyer to help determine the medical evidence that will be needed to prove a breach of duty of care on behalf of the treatment provider.

Sometimes the issue is not so much the standard of treatment that was given but the fact that you were not given the choice or opportunity to make the decision yourself, as to whether you would go ahead with the treatment. Failure to warn cases are quite common. Once again expert evidence concerning these issues is crucial.

Do I need a lawyer?

In short, the answer is yes. Whilst it is possible to pursue the claim as a self-represented litigant, it makes sense to engage specialist personal injury lawyers to act on your behalf. There are a number of steps involved in all personal injury cases, and medical negligence claims can be particularly difficult, depending on the party/parties at fault.

To put you mind at ease, you can discuss any matter you have with one of our expert lawyers, for free. They will perform a free case review where you can explain everything that has happened, the impact this has had on you and your life and get some initial advice on the best path forward.

If opening a case is in your best interests this will be covered by our No Win, No Fee, No Problems Guarantee, so you can have peace of mind and focus on your recovery, not fees. If you would like to have any personal injury case reviewed, you can submit any form on our website or give us a call.

Common Questions:

A Medical Negligence claim is possible where your injury or suffering is due to sub-par medical services or treatment from a hospital, doctor, chemist or other health care provider. 

This includes injuries sustained from a failure to diagnose, an incorrect diagnosis and incorrect surgeries. This also covers birthing related injuries and bad surgery outcomes.

You are entitled to claim for a range on compensation, for your current support and medical expenses, as well as future costs that are a result of your injury. Support and medical expenses includes; medical and pharmaceutical supplies, physiotherapy and rehabilitation costs, psychological and psychiatric support, care and assistance as well as other medical expenses. 

You may also claim for loss of wages, pain and suffering and commercial costs such as; lawn mowing, cleaning and maintenance. As the injury may also have several future implications you may claim; future medical and rehabilitation expenses, future loss of wages or impact upon your capacity to work, as well as future care and assistance; including commercial assistance costs that will be provided.

As Gouldson Legal operates on a No Win No Fee basis you are entitled to a no obligation consultation. A Gouldson Lawyer will meet with you, answer your questions and discuss the merits of you claim, for no charge! If you proceed with your claim, you will only be charged if you successfully receive compensation. Our professional fees are charged at a competitive rate, not a percentage of your damages. 

Those fees are capped at 30% of you final compensation payout, ensuring you will not be left wanting. If you would like to talk to get this process started, you can do that here.

Every claim is an individual as the person making it. There are many variables with every case that can shorten, or prolong, the time it takes for a decision to be made. 

Get in touch with the team at Gouldson Legal to find out what you can do to fast track your claim, today!

This is a question that every client asks! It is also a question that is impossible for any compensation lawyer to answer accurately, at such an early stage. 

The extent of compensation will depend on the severity of your injury and the impact it has on your circumstances. 

This will be an important issue for you, so talk to one of Gouldson Legal’s expert lawyers today – get in quick as strict time limits apply.

Yes, strict time limits apply to all types of personal injury claims; you have 3 years from the date of the incident within which to issue Court Proceedings. 

Pursuant to the LAA a claim for personal injuries in Queensland must be commenced in a court within 3 years of the date on which the injury was sustained or the date that symptoms are first experienced. If a claim is not commenced in a court within this time your right to sue will be lost forever.

Contact Gouldson Legal as soon as possible to ensure your claim is not held up, should complications arise.

Where Do I Begin?

Make a report of the inadequate treatment or services to the provider.

See an alternate medical provider for advice and recommendations regarding the negative outcomes.

Ensure you receive the very best ongoing medical treatment and advice. You will need to obtain medical evidence to show that your injury is a direct consequence of the incident. 

And don’t forget to also look after your emotional health during this difficult time. Visit our Support Groups page for more information.

Contact Gouldson Legal and speak to one of our specialist medical negligence lawyers. 

They will start the claims process within 48 hours as strict time limits apply by obtaining a statement from yourself.

Expect to receive regular phone calls and correspondence from your Gouldson Legal lawyers, keeping you up to date with how your claim is progressing. 

In between phone calls, concentrate on getting better.