Medical Negligence

Medical Negligence Claims

The care provided to us by medical professionals impacts our lives and our health. If you or a loved one have been hurt as a result of medical treatment, you may be entitled to compensation.

These claims – also known as medical malpractice – address the failings of medical professions and the adverse effects that this has had on you.


Understanding Medical Negligence

The treatment you receive from doctors, nurses, hospitals, and other healthcare professionals is often critical to your overall health. A poor standard of treatment that causes you harm or worsens a condition is considered negligence, and you may be entitled to compensation following a bad outcome.

Medical negligence can occur at any stage of medical care – from diagnoses to surgery – though not all bad outcomes are the result of negligence. Understanding the difference between a reasonable error and negligence can determine your eligibility for compensation.

An experienced, independent, medical negligence lawyer can help you to determine the best path for your circumstances.


Determining Negligence in Your Claim

You may be entitled to compensation if a medical professional or facility:

  • Failed to provide or delayed appropriate diagnoses, treatments or referrals
  • Failed to take reasonable care and skill when performing surgery
  • Failed to report correctly on test results
  • Failed to take reasonable care and skill when providing post-operative care


Beginning the Compensation Process

If you want to make a medical negligence claim, it is highly recommended that you contact a specialist lawyer. These compensation cases are often complex and strict time limits apply when lodging your claim.

When you make an enquiry with Bartels Lawyers, we will get in touch with you quickly and organise a free initial consultation to discuss your case. If compensation is right for you, the same lawyer you meet in that consult can guide you through your case, operating on a no win no fee basis.


Learn More

The frequently asked questions below can provide you with further general information about medical negligence claims in Queensland. For further advice, please contact an independent legal professional.


What medical areas are covered by medical negligence?

Claims can be bought against a range of practicing areas in Queensland. These are:

  • Emergency medicine
  • General surgery
  • Gynaecology
  • Infectious diseases
  • Neurology
  • Obstetrics
  • Orthopaedics
  • Paediatrics
  • Psychiatry
  • Urology


How is negligence determined? 

Because doctors need to operate under stressful conditions, you will need to demonstrate that the error that occurred went beyond a simple mistake and constituted a decline in the expected standard of care. 

This includes if the medical professional acted in a way deemed inappropriate by others in the profession. 


Does the professional or institution need to pay my compensation? 

No. If you are entitled to compensation it will be paid through the practitioner’s Professional Indemnity Insurance, a compulsory insurance in Queensland. 


What can I make a claim for?

While every claim is different, some aspects you may receive compensation for include:

  • Loss of earnings – both past and future
  • Reduced life expectancy
  • Care required – both paid and unpaid
  • Medical expenses
  • Pain, suffering and loss of enjoyment of life