Hospital Negligence Lawyers

Hospital negligence refers to oversights and failures that can result in adverse outcomes for patients. If your health has been compromised as a result of inappropriate hospital care, you may want to consider claiming on any insurance policy or for damages. Carter Capner Law has Hospital Negligence Lawyers to help determine your entitlement to insurance or compensation and assist you with the claims process.

Do you have a claim?

Check to see if you are entitled to compensation. If you have a question, please get in touch with our Hospital Negligence Lawyers.

Do you have a potential Hospital Negligence claim?

Make an enquiry

What is Hospital Negligence and how can Hospital Negligence Lawyers assist?

A hospital error is a medical treatment error. Like all medical professionals, nursing teams and hospitals are required to provide patients with an acceptable standard of care, including following surgery.

A damages claim for negligence may be viable if the hospital care provided is not of an acceptable standard. It’s important to note that not all adverse health outcomes are caused by negligence.

To prove negligence in nursing and hospital care, you must be able to demonstrate the link between the negligent actions of the hospital and the injuries you’ve sustained.

As hospitals care for patients across such a wide range of medical fields, negligence can happen in almost any setting. These are some common examples of hospital negligence:

  • Failing to detect critical observations of a patient’s condition within a reasonable timeframe
  • Failing to monitor a patient’s condition
  • Failing to take adequate steps if a patient’s condition deteriorates
  • Administering the wrong medication
  • Misinterpreting test results
  • Using medical equipment in an unsafe manner

Simply having a bad result from treatment does not necessarily mean there is a case for hospital negligence. Speak to our Hospital Negligence Lawyers in Brisbane and QLD-wide at Carter Capner Law. Our Hospital Negligence Lawyers can help determine whether there may be grounds for a claim.

We have offices across Brisbane and service all of Queensland. Clients can stay connected via our 24/7/365 password-protected client portal, LawSpace.


Schedule your initial consultation

At our initial consultation, our Hospital Negligence Lawyers can give you more information about the claim process and chat with you about the viability of an insurance or compensation claim.

We will also confirm your eligibility for no win no fee terms to pursue your case.


Investigation & gathering evidence

Our Hospital Negligence Lawyers will investigate and gather evidence while you recover from your injuries. This includes collecting medical treatment records prior to the medical event and subsequent to it.

At the same time, we will also collect employment and income records so that complete before and after pictures can be painted.


Get Independent Medical expert's opinion

Once we obtain all relevant medical records, including reports from your treating doctors, our Hospital Negligence Lawyers will then get an independent medical expert opinion as to the extent of your injury and also to clarify whether or not the treatment provided to you met or fell short of the requisite standard of care.

From those reports, we will formulate how the medical event has impacted you and your family at work and at home.


Lodge your claim

If the investigation results satisfactorily, our Hospital Negligence Lawyers will then lodge your insurance claim where possible and if the circumstances allow, a compensation claim for the physical and psychological deficits you have sustained as a result of the accident.


Attendance at informal settlement meeting

Our Hospital Negligence Lawyers will formulate your damages demand if applicable and appoint an out of court meeting to negotiate the resolution of your claim settlement.


Claim settlement or court proceedings

Statistically, more than 97% of compensation claims are settled out of court. In many cases, the claim is resolved successfully during the informal settlement meeting, and you will receive the compensation to which you are entitled.

If your claim has not been resolved at this stage, our Hospital Negligence Lawyers will file proceedings in court to help you get the compensation to which you are entitled according to law.

Do wound infections count as a medical treatment injury?

Wound infection following treatment does not necessarily establish negligence.

It must be shown – for compensation – that the infection was as a result of neglect, such as sewing up a dirty wound, treating the injury site with a contaminated instrument, performing surgery without following proper hygiene procedures or failing to take appropriate steps once a patient’s condition begins to deteriorate after surgery.

If it can be proven that the medical professional caused the infection through poor treatment standards, then there may be a compensation case for hospital or nursing care negligence.

It is recommended to speak to a Hospital Negligence Lawyers to discuss how to take the best course of action.

How do you establish the causation between the substandard treatment and the resulting symptoms?

It is essential to prove the extent to which the negligence has contributed to your overall condition. This is established on the basis of expert medical opinion.

Hospital negligence usually falls within one of the following classes:

  • Failure to take patient observations in a timely manner
  • Failure to notify or act on deteriorating patient observations
  • Failure to provide or counsel appropriate follow-up
  • Failure to refer for specialist diagnosis/treatment
  • Failure to warn as to complications
  • Failure to perform treatment with the appropriate skill.

Expert evidence is needed to establish the difference between:

  • The original condition you sought treatment for
  • and the condition you were in after that treatment.

Speak to our Hospital Negligence Lawyers to see what available options you are entitled to.

What sort of damages are payable in Hospital Negligence compensation?

It all depends on the proportion of liability attributable to the at-fault medical professional, the extent of your resulting injury and the quality of your evidence.

The amount of compensation to which you are entitled is also based on a comparison of how your life was before and after the accident.

If someone whose injury has had a significant effect on their quality of life (work, psychological, physical) is entitled to higher compensation than someone whose injury has had a minor impact on their lives.

The amount of compensation also is determined by:

  • General damages (loss of enjoyment in life due to suffering);
  • Out of pocket expenses (medical bills, rehabilitation costs);
  • Any loss of income and superannuation contributions;
  • Potential medical or personal care costs that is likely to occur due to the injury; and
  • The interest from the loss of earnings.

If you are not sure if your compensation claim is worthwhile, contact our Hospital Negligence Lawyers and we will help assess your needs and eligibility for our no-win no-fee service.

What are the fees for compensation claim for Hospital Negligence?

It is essential to always speak to an expert Hospital Negligence Lawyers about your situation. Your financial position should not prevent you from seeking legal advice in regards to your injury you suffered that you are ‘not-at-fault’ for.

Medical bills and taking time off work or even worse, potentially not being able to return to work can be costly. Carter Capner Law offers a ‘no win no fee’ arrangements in many cases.

With a ‘No Win, No Fee’ agreement, your lawyer takes on the financial burden of pursuing your case, you can focus on your recovery and in the meantime on how best to care for your family.

We have offices across Brisbane and service all of Queensland.

What evidence do I need to keep and collect?

To assist Hospital Negligence Lawyers with the investigation, it is important to try to do the following:

  • Make notes of your recollection of all events relevant to the accident
  • Record names and addresses of witnesses
  • Take photos and video of the place where you were injured. “A picture tells a thousand words”. Sketches are also helpful
  • Take photos and video of any product, equipment or object that injured you
  • Take photos of your injuries
  • Keep any defective product which caused an injury
  • Keep details of your absences from work caused by the injury
  • Make a list of visits to doctors, physiotherapists, chiropractors etc for treatment and follow-up visits
  • Keep all invoices and receipts for medical, chemist etc expenses
  • Record details of assistance provided by friends and family members
  • Collect contractual records.
  • Collect documents showing your loss of earnings and earning capacity including wage slips, group certificates, income tax returns (for 6 years prior to the accident and each year after), references and resumes

Is my claim worthwhile?

Whether your claim is worthwhile depends on the seriousness of your injury and how that affects your employment and lifestyle.

There are some claims that are not worthwhile such as those for trivial injuries where there is no insurer or the party at fault does not demonstrate significant assets against which a judgment can be enforced.

If you are not sure if your compensation claim is worthwhile, please contact us, and we will help assess your needs and eligibility for our no-win no-fee service.

Carter Capner Law offers specially tailored services in connection with severe brain injury and spinal injury accidents for children and adults to help formulate comprehensive loss statements that include individualised damages components that make up multi-million dollar claims.

If you are not sure if your compensation claim is worthwhile, contact our Hospital Negligence Lawyers and we will help assess your needs and eligibility for our no-win no-fee service.

What's the difference between medical malpractice to medical negligence?

Malpractice in nursing typically refers to harm caused by carelessness or lack of skills and experience, rather than intentional actions.

There are different types of negligence in the context of nursing, but all instances must be proven to have fallen below the accepted standard of care for the plaintiff to be awarded damages.

It is recommended to speak to a Hospital Negligence Lawyers to discuss how to take the best course of action.

Who is liable for hospital negligence?

The hospital’s insurer will typically be liable for any compensation awarded to your claim. This means if your claim is successful, your damages will be paid for by an insurance company, rather than the individual nurse.

Depending on the circumstances of your case, the hospital you attended, and other healthcare providers involved with your treatment may also be found liable for your injuries. In some cases, it’s possible to assign liability to several parties.

Speak to our Hospital Negligence Lawyers to see what available options you are entitled to.

Do I need a medical negligence lawyer to claim?

Choosing to have Hospital Negligence Lawyers manage your claim can significantly improve your chances of being awarded compensation.

You don’t need to hire a lawyer, but it’s advisable if you’re trying to minimise the stress involved with claiming compensation.

Are there any other time limits for making a Medical Negligence claim?


An “Initial Notice” must be sent to the at-fault party (the negligent doctor or hospital) within:

  • One (1) month after the day the claimant first consults a law practice for the personal injury and the at-fault party is identified


  • Nine (9) months from the date of injury (or first appearance of symptoms).

The time limit is determined by whichever date occurs first.

The at-fault party then has one (1) month to provide all relevant records and documents about your medical treatment.
From the date they provide the documents you have a further twelve (12) months to complete and deliver to the at-fault party:

  1. The detailed Personal Injuries Proceedings Act Notice of Claim (NOC) Part 1
  2. A medical report supporting the claim

The insurer then has six (6) months in which to investigate your claim and to determine whether they will admit or deny liability.

Court proceedings must be commenced within 3 years of the medical event. Don’t delay your right to claim for compensation, speak to one of our Hospital Negligence Lawyers today.

Common types of negligence claims

To succeed in an action for damages in medical matters, negligence must be established, and the patient must be harmed or injured through that negligence.

Amputation due to medical negligence.

Spinal injuries and cauda equina.

Anaesthesia errors.

Bowel and oesophageal perforation.

Brain infections.

Wound infection claims.

Nerve damage claims.

Medical misdiagnosis.

Birthing injuries.

Plastic and cosmetic surgery negligence.

Cancer misdiagnosis.

Accident & Emergency treatment claims.

Fracture & joint injury misdiagnosis claims.

Surgical negligence claims.

X-ray and radiology negligence claims.

The CCL method

Our Hospital Negligence Lawyers will quickly review the circumstances of your case to determine your prospects of a successful personal injury claim. And once we have approved your case the claim process can be promptly started following the CCL method


Assemble the initial information you are able to provide

Proper case preparation demands meticulous attention to detail. That’s why right from the start, we collect all the facts and continuously verify them with you and other sources. Constant updates to your comprehensive statement will ensure everyone – you, us, medical specialists and barristers – stay precisely on the same page.


Prepare initiating Claim Notice.

Once sufficient facts have been collected and the identity of the at-fault party confirmed, and initial Claim Notice can be completed in a way that persuasively asserts the basis and extent of your compensation request.


Keep collecting the facts.

Diligent claim preparation requires a comprehensive understanding of your medical income and employment histories. Our Hospital Negligence Lawyers will obtain records from accident related treatment provided as well as from health professionals who have treated you for any prior conditions. Employment and income records asked also be collected and diligently examined .


Medical investigation of injury.

The extent of accident related injury must be independently verified by medical experts. Because compensation is paid for the permanent effects from an injury, specialist medical assessment is deferred until 9 – 12 months post injury. We’ll arrange examinations with appropriate specialists and the insurer of the at-fault party is entitled also to have you examined by its specialists.



Once all information has been collected and medical specialist reports obtained, our Hospital Negligence Lawyers will carefully formulate the “damages” components of your claim demand. The CCL Method requires that every component – general damages, lost wages, expenses you have incurred, the value of past and future domestic care and the value of loss of future earning capacity – is based on authoritative evidence.



After the insurer has considered your damages ask, a settlement conference is arranged to attempt to negotiate a resolution. Although informal, the success of the conference depends on the extent of preparation that has gone before it. Offers will be exchanged and if the insurer is being reasonable, the conference offers a good opportunity to finalise the claim.


Settlement not reached: heading to court

If you are unable to reach an agreement within 60 days after the conference, a Claim and Statement of Claim must be filed in court in relation to your accident. The defendant may then file a Defence and the court process then continues until the dispute is listed for a trial where witnesses are called to give oral evidence and a judge makes a final determination.

What expenses does Carter Capner Law cover for you under its Hospital Negligence compensation No-win No-fee terms?

Carter Capner Law's No-Win No-Fee terms affords fairness to those seeking compensation for personal injury including loss of income and future loss of income earning capacity. No-Win No-Fee - sometimes called "no-win, no-charge" and "no-win no-pay," allows legal representation to a level equivalent to that of the insurance company that will be resisting your payout. Essentially No-Win No-Fee terms provide that fees and case expenses are only payable when the claim is finalised and only if it is successful.

  • Court Filing Fees

  • Medical specialist consultation & report fees

  • Medical records collection fees

  • Expert report fees

  • Claim investigation

  • Barristers

    Our Hospital Negligence Lawyers will secure the services of a barrister who will also offer No-Win No-Fee terms

  • Document production

  • Police Report Fees

  • Government agency search fees

  • Freight & courier

  • Office charges

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