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Medical negligence compensation · Queensland

Medical mistake? Here’s how a claim works.

A missed diagnosis, a surgical error, a medication mistake or harm in hospital: Queensland law gives you a path, but medical claims have their own notice steps and need an independent expert’s opinion.

The clock starts with the treatment, or your first symptoms

Queensland time limits · not to scale · different rules apply to children

  1. Day 0 The treatment Or the day symptoms first appeared. Note dates, names and what you were told.
  2. +1 monthTheir step Your records arrive The provider must send your records within 1 month of receiving the initial notice.
  • 9 months for the initial notice
  • No-obligation first consultation
  • No win, no fee*
  • We set out our costs in writing at the start.

Claim types

Medical claims we handle

Nineteen kinds of medical claim, against hospitals, GPs, specialists, surgeons, pharmacists and cosmetic providers.

Searches 19 claim pages

Our approach

Two tracks for every medical claim

The PIPA track gets the claim to the provider: an initial notice, your records, then a Part 1 notice backed by an independent expert. The Civil Liability Act track puts a value on it: general damages on the ISV scale, plus treatment, lost income, care and out-of-pocket costs. We run both from the first call.

  1. 01An independent expert in the right specialty before any claim is made
  2. 02Your records, imaging and pathology collected for you
  3. 03Hospital, GP, specialist, pharmacy and cosmetic claims
  4. 04A complaint to AHPRA or the Health Ombudsman can run alongside
  5. 05You deal directly with your lawyer

The law

How negligence is proved

A bad result isn’t enough on its own. Under Queensland’s Civil Liability Act, a claim has to clear four steps, and an independent expert has to support it.

  1. Duty of careDuty Doctors, nurses, hospitals and pharmacists all owe their patients a duty of care. This step is rarely in dispute.
  2. Standard of careBreach For diagnosis and treatment, widely accepted competent practice can be a defence unless that opinion is irrational or unlawful (s 22). Risk warnings are assessed separately. An independent expert tests the care provided.
  3. Duty to warnBreach Doctors must warn of risks a reasonable person, or you in particular, would want to know about. The peer-opinion test doesn’t apply to warnings (s 21).
  4. CausationCausation The breach must have caused the harm. With a late diagnosis, the question is what an earlier diagnosis would have changed.

Compensation

What you can claim

What your claim can include. Each head is valued separately.

Pain and suffering
General damages, assessed on Queensland’s Injury Scale Value.
ISV 0–100
Treatment costs
Past and future medical, surgical, rehabilitation and medication costs.
Past & future
Lost income
Past and future earnings and superannuation.
5% discount
Care
Paid care, and care from family and friends once it reaches 6 hours a week for 6 months.
6 h / 6 months
Out-of-pocket costs
Travel, equipment and other expenses your injury caused.
Receipts

Our process

From first call to final settlement

  1. No obligation First call & triage We hear what happened, identify the providers involved and explain the notice steps.
  2. After initial notice Records & expert opinion We collect your records, imaging and pathology, and brief an independent expert in the right specialty.
  3. Within 12 months PIPA notice & response We serve Part 1 on the providers, exchange material and attend the compulsory conference.
  4. Conference or court Damages & settlement We pair the medical opinion with an economic-loss opinion, value the claim on the ISV scale and negotiate, or go to court.

FAQ

Common questions

The Limitation of Actions Act 1974 (Qld) sets a three-year clock from the date of the injury, though under s 31 the Court can extend that period where a material fact of a decisive character emerged within the last year. Children, and persons under a legal disability, have separate rules. The Personal Injuries Proceedings Act 2002 (Qld) also imposes its own notice deadlines – get a file open early so neither clock catches you.

Not sure if it was negligence? Ask us.

In your first consultation, we’ll tell you what the next step is. There’s no obligation to go ahead.