QLD Medical Negligence Law - Brisbane Queensland Australia
A Queensland medical negligence compensation claim may be difficult for a personal injury solicitor to prove. QLD medical negligence insurers do thier utmost to avoid paying out costs and damages and will defend almost every claim brough by medical negligence solicitors. Insurers usually instruct the highest quality lawyers in Brisbane to defend claims made against QLD healthcare professionals. QLD medical negligence law is technical and complex and you will almost certainly need assistance, probably from a specialist Brisbane solicitor to pursue a personal injury compensation claim. A QLD judge based in Brisbane 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 by a medical negligence solicitor 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.
It must be shown by a medical negligence solicitor 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.
There has to be actual quantifiable loss as a result of the treatment and this can take the form of calculable losses and compensation for pain and suffering plus a number of other relevant financial 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 or Queensland. The Personal Injuries Proceedings
(Legal Advertising) and Other
Acts Amendment Bill 2006 prohibits this medical negligence website from the advertising of personal injury legal services in Queensland. This service is therefore not available for incidents arising as a result of medical negligence in Brisbane or Queensland.
HELPLINE: ☎ 1800 633 634
The author of the substantive medical writing on this website is Dr. Christine Traxler MD whose biography can be read here