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Medical Law

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Claims may be made for ‘failure to warn’ or lack of informed consent

As well as claims for medical negligence (sometimes called medical malpractice), claims may be made for ‘failure to warn’ or lack of informed consent, where a doctor has not fully explained the risks of a procedure or medication, which the patient would then have refused.

Medical negligence claims are quite complex. Not all poor outcomes will result in a claim – there must be a lack of reasonable care, and it is crucial to demonstrate a connection between the error and the poor outcome.

How do I know if I am eligible to make a claim for medical negligence?

It is essential to prove that the negligence caused or contributed to the injuries for which compensation is being claimed. This is often the most difficult aspect of a claim. Treatment may have been provided in a negligent way but if no harm or injury results a claim will probably not be viable.

What does compensation cover?

Compensation is intended to reimburse a patient for losses. The amount calculated is based on the damage or harm and loss suffered. 

Compensation payments may include: 

    • past and future medical treatment expenses 
    • past wage loss with interest, and future wage loss 
    • damages for pain, suffering and loss of enjoyment of life 
    • personal care or nursing assistance provided by agencies or sometimes without charge by family or friends

    If I believe I have a medical negligence claim, what should I do next?

    It is important that you contact our Queensland lawyers with experience in medical negligence as soon as you can to make sure your interests are looked after.

    Strict time limits apply, so early investigations are needed. Whatever your circumstance, time is of the essence – early investigation and action may be critical to the success of your claim.

    If you suffer from any injury or illness that prevents you from working in your normal occupation and would like more information about how Slater and Gordon can help you, please contact us via the form on this page or by calling 1800 555 777. 

    Further Resources

    Medical Law Claims

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