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QLD Medical Negligence Law - Brisbane Queensland Australia

A Queensland medical negligence compensation claim may be difficult to prove. QLD insurers do thier utmost to avoid paying out damages. QLD Medical Negligence Law is complex.

A QLD judge must be persuaded by a solicitor or barrister that the following items are satisfied :-

    Duty of Care

    The errant medical professional must owe the victim of alleged inappropriate actions a duty of care. In most doctor/patient relationships a duty of care exists by virtue of the situation. What is often not realised is that a duty of care applies to all medical professionals including doctors, dentists, nurses, midwives, consultants, specialists, and laboratory technicians.

    Breach of the Duty of Care

    It must be shown that there was a breach of the duty of care in other words that the healthcare professional failed to reach a reasonable standard of treatment which may be defined as failure to be as skilled and competent as other healthcare professionals acting in similar cases under similar circumstances. There may be several methods of treating the patient and provided that it can be shown that a body of reasonably competent physicians would have acted in a similar way then it is doubtful that the alleged errant behaviour would be considered to be medical negligence.

    Causation

    It must be shown that the patients condition was worsened directly as a result of the failed treatment bearing in mind that the patients was already ill and often declining in any event before the treatment began.

    Damages

    There has to be actual quantifiable loss as a result of the treatment and this can take the form of calculable losses and compensation pain and suffering plus a number of other relevant items.

Personal Injuries Proceedings (Legal Advertising) and Other Acts Amendment Bill 2006

This website is not intended to be an advertisement for personal injury legal services in Brisbane Queensland. The Personal Injuries Proceedings (Legal Advertising) and Other Acts Amendment Bill 2006 prohibits advertising of personal injury legal services in Queensland. This service is therefore not available for incidents arising as a result of medical negligence in Queensland.

HELPLINE: ☎ 1800 633 634