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What to do when you think your medical practitioner has been negligent?

About Medical Negligence in Queensland

Australia’s medical practitioners are some of the world’s most trusted and experienced experts in their field. When you pay a visit to your medical provider, you undoubtedly have an expectation that you will receive a high quality of care and service. While doctors, hospitals, and other practitioners do strive for the best outcome, sometimes this is not achieved.

If you find you have suffered personal injury resulting from your provider’s actions, you may be able to bring a medical negligence claim against your provider, who in Queensland, is always covered by Professional Indemnity Insurance. This insurance is ultimately responsible for paying your costs in the event you are successful in your claim.

According to section 9A of the Personal Injuries and Proceedings Act 2002 (QLD) Medical negligence is established when

(i) ‘There was a failure by a medical practitioner to meet an appropriate standard of care in providing medical services; and…
(ii) That as a result of the failure, the claimant suffered personal injury.

Under this definition, it is important to note that not all circumstances give rise to a personal injury claim, given the complex nature of medical practice. Rather, whether a practitioner has failed to meet standards of care must first be established by the expert opinion of another medical practitioner, who is in the same relevant profession to the individual accused of medical negligence.

If a claim does succeed, monetary damages may be payable to the patient whom is otherwise known as the ‘claimant’, and this is typically assessed at an amount which reflects the injuries and disabilities the patient incurred due to the negligence. The monetary claim amount is often known as the ‘quantum of the claim’ (Personal Injuries and Proceedings Act 2002 (QLD) Division 2 Section 21).

If you believe that you may have a claim in medical negligence and wish to seek legal advice, feel free to call us today on (07) 3155 2043. From there, we can get you started on your road to recovery.

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