It can be confusing and stressful trying to work out your rights while also dealing with the difficulties of being injured in a healthcare scenario. Our experienced medical negligence lawyers in Brisbane can guide and support you through the complicated claims process, so you can focus on your recovery.
Our locations
Our specialist medical negligence lawyers are dedicated to supporting the local community with expert legal advice and support for your medical negligence claim.
We have offices in greater Brisbane including Brisbane CBD, Cleveland, Brookwater, and Loganholme.
Not in the Brisbane?
We also have offices all around Queensland including;
Our team of Medical Negligence lawyers in Brisbane
Our experienced medical negligence lawyers in Brisbane and Queensland, are here to help. When you work with us, you’ll have your own legal team looking after your case. Knowledgeable and always working for your success, they will work closely with you to achieve the best outcome possible.
Common examples of Medical Negligence claims
Medical negligence happens when you are injured because a medical provider failed to uphold their duty of care resulting in injury.
Some areas of medical negligence law may include:
- Misdiagnosis or delay in diagnosis
- Surgical errors
- Injuries sustained during birth, including stillbirths and neonatal deaths
- Dental malpractice
- Failure to refer for investigations, specialist advice or emergency treatment
- Defective medical products
- Anaesthesia errors
- Injuries sustained as a result of medical care overseas
- Prescription and medication errors
- Cerebral palsy claims
- Triple test - Breast examination delay in diagnosis
No Win No Fee
We offer a No Win, No Fee* arrangement. This means that if you don’t win, you don’t pay the fees for the work we do on your case!
What am I entitled to?
If the treatment you received was not up to acceptable standards, you may be entitled to compensation for the following:
- Pain and suffering
- Loss of enjoyment of life
- Past and future medical expenses
- Past and future professional care costs
- Loss of past earnings
- Loss of earnings into the future
- The commercial value of care and assistance provided to you by loved ones
Frequently asked questions
Each medical negligence case is unique, so costs will depend on the circumstances of your specific claim. However, we offer a No Win – No Fee* arrangement as part of our medical negligence cases. That means if you don’t win, you don’t pay our fees for the work we do on your case.
Separate to our professional fees are disbursements. These are out-of-pocket costs that are incurred as your claim progresses, such as the cost of obtaining your medical records or the expense of having an independent medical expert comment on your treatment.
Depending on the circumstances, these costs may be paid on your behalf by a third-party funder, by you, or sometimes by us at Slater and Gordon. Any costs will be discussed with you by your lawyer prior to any costs being incurred.
You can make a medical negligence claim against a medical provider. In the context of a medical negligence claim, that means hospitals or health professionals.
We understand that the idea of going to court can be stressful. Fortunately, the majority of our medical negligence cases are settled out of court through private mediation sessions.
This approach allows us to negotiate on your behalf and reach a fair settlement without the need for a trial.
Our medical negligence team team will work to resolve your case efficiently, keeping your best interests at heart.
However, if a fair settlement cannot be achieved through mediation, we’re fully prepared to represent you in court to help you receive the justice and compensation you are entitled to by law.
While healthcare professionals don’t intentionally cause harm, we understand how much a medical error or misdiagnosis can impact your life, and that of your family’s.
That’s why all healthcare professionals are required by law to be insured for their entire scope of practice, either through their employer or personal indemnity insurance.
Accordingly, if successful, you’ll likely receive financial compensation from your healthcare professional’s insurance provider – not the healthcare professional directly.
Time limits for medical negligence claims vary under the different state and federal laws. In most cases, you need to take legal action within three years of the injury, so it is important to act quickly.
While time limit extensions are sometimes possible, getting help as soon as possible from someone who understands the complexities of medical negligence laws that apply in your state or territory is vital.
What can I expect?
Every medical negligence case is different. However, there is generally a set of steps that are required to be taken during each case. We will guide you through each of these making sure you feel comfortable at every stage.
Once you decide to commence a claim with us, we’ll take it from here.
We'll give you information to help you decide on the best course of action for you, and organise your obligation free initial appointment.
This provides you with the opportunity to tell your story and find out more about the options available to you.
We'll obtain your medical records to understand more about your injury and its effect on your life.
It is usually necessary to obtain a report from an independent medical expert which comments on the standard of care you received.
If the independent evidence we gather supports your case, we will then lodge court proceedings on your behalf.
Most medical negligence cases resolve at a settlement conference without the need to proceed to a trial.
In rare cases, the parties are unable to reach a settlement and the case proceeds to a trial. Whether we take your case to trial is completely your choice and our team will provide you with advice and support every step of the way.
Appointments that suit you
If you’re unable to visit one of our offices, we can speak with you over the phone or by video call, and in some cases, we may be able to visit you at home or in the hospital.
Free social work services
We provide free social work services to as part of our service.
Learn more about our free social work services.