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Some examples are as follows:-

• Failure to warn of the inherent risks of surgery or a medical procedure;
• Misdiagnosis or a failure to diagnose an injury/illness/condition;
• Failure to perform surgery or a medical procedure with reasonable care and skill;
• Failure to provide reasonable care and treatment of an illness/injury/condition or provide medical advice; and
• Failure to provide a referral to a specialist or follow up with a patient to advise of test results.

Medical Negligence claims are possibly the most complex personal injury claims that can be pursued in Queensland.
This is because they require significant resources and expertise to run and assemble the evidence (including expert opinions) required to successfully prove that negligence has caused the injury or loss that is being claimed.

Additionally, there are always inherent risks associated with any type of medical treatment (particularly surgery) and there is always the likelihood that harm or loss could be the manifestation of one of those risks.

By way of example, if you underwent a medical procedure and you are unhappy with the outcome, however, no harm or injury has occurred because of the procedure not turning out the way you wanted, it can be difficult to prove negligence if the outcome falls within an excepted risk of the procedure and you were made aware of that risk.

Additionally, insurers standing behind medical treatment professionals and health care providers defend these claims robustly.

Therefore, it is highly recommended that you consult a lawyer who specialises in personal injury law to appraise the circumstances of your potential claim and advise you accordingly of your legal options.

Lawyers acting in personal injury claims in Queensland (including medical negligence) act on a no win/no fee basis.

This means that law firms will conduct work and spend money on your behalf (for example, obtaining medico-legal reports or other evidence) on a speculative basis which means that you will not be charged unless you get a successful resolution to your claim.

Your can claim the usual components of any personal injury claim in Queensland as part of your claim including:-

• General Damages (compensation for your pain and suffering);
• Past Economic Loss;
• Future Economic Loss;
• Out of Pocket Expenses (money spent on treatment, medications, rehabilitation);
• Future Expenses (future treatment, medication and rehabilitation);
• Past and Future Care and Assistance (care and assistance provided to you by family and friends – if you satisfy the statutory threshold).

Depending on your loss and your ability to prove those losses, in addition to proving that the Medical Professional or Health Care Provider was negligent, the amount you receive will be difficult to determine and will be influenced by the following factors:-

• Your age;
• Your employment status;
• Your income;
• Whether you have any similar or pre-existing injury/illness/condition and the extent to which it was impacting you prior to your injury/harm;
• The severity of your injuries and the impact they have on your employment;
• The potential impact your injuries will have on employment in the future; and
• Whether or not you have required the need for care and assistance (above a threshold of 6 hours per week, for 6 months).

It is only once the above are determined that the quantum (value) of your claim can be estimated with any accuracy. To access our compensation calculator, click here.

You should seek legal advice on these issues.

The Limitations of Actions Act 1974 provides a three (3) year time limit for bringing Court proceedings for personal injury claims (including medical negligence) in Queensland.

Therefore, you need to commence Court proceedings within 3 years of the date of the injury/harm occurring.

As Medical Negligence claims in Queensland are brought under the Personal Injuries Proceedings Act 2002 (“PIPA”), the PIPA requires that you deliver a Notice of Claim within the earliest of the following two events:-

• 1 month after you instruct a lawyer to act for you; or
• 9 months after the date of the injury/harm occurring.

There are separate time limits on bringing claims on behalf of minors (anyone under 18 years of age) being:-

• 6 years after the parent or litigation guardian knew or ought to have known of the injury/harm occurring; or
• 18 months after the parent or litigation guardian instructs a lawyer.

If your injury/harm occurred outside these time limits, or you have any doubts on how the limitation period applies to your potential claim, you should seek legal advice.

The overwhelming majority of personal injury claims settle before proceeding to Court.

The reason for this is because the Personal Injury Proceedings Act 2002 requires what are known as pre-court procedures to be undertaken by the parties to a claim prior to you having a right to proceed to Court.

These procedures include a compulsory settlement conference that the parties must attend which is an opportunity for the parties to attempt to reach a settlement without the extra expense, time and resources of going to Court.

However, as Medical Negligence claims can be complex, you may still have to file a claim in the Court if your matter cannot be settled during the pre-Court phase.