What is a medical negligence claim?

Medical negligence is when people are injured, or death is caused due to the negligent act of a medical practitioner or even an oversight or failure caused by other medical staff. Medical negligence can occur during a medical consultation, minor procedure, or major surgery, by a failure to properly diagnose, warn of medical complications or provide a standard of reasonable care. Medical negligence can occur in various settings, such as in a private practice or a public or private hospital.

Proving medical negligence has occurred, resulting in injury

In Queensland, a medical negligent act must be more than just a simple mistake. All cases must be supported by an independent medico-legal liability report by a medical specialist of the same profession, supporting the proposition that the injury was caused as a result of a medical negligent act and that the actions of the medical practitioner fell below the standard of reasonable care of that medical profession.

Medical negligence in Queensland, is a complex area of law, and there are stringent time limits that apply from when you become aware or ought to have become aware of an injury to make a claim. This will also affect the timeframe when you must lodge a claim for compensation and obtain a supporting medico-legal liability report.

It’s imperative that you seek legal advice if you suspect or become aware that your injuries were caused as a result of a medical negligent act.