Who can claim for medical negligence?
In Australia, healthcare workers must fulfil their ‘duty of care’ and legal obligation to avoid any actions or oversights they can reasonably anticipate might harm someone.
By this definition, anyone has the right to make a medical negligence claim if they have been failed by their healthcare provider.
If you’ve been let down by your treatment provider (including your doctor, surgeon or obstetrician), reach out to Rogalski Lawyers. We offer free, no-obligation case assessments and talk to each client directly from day one.
Get a FREE Claim AssessmentWhat does medical negligence compensation cover?
Each case is unique, and any compensation claim will depend on the nature of the accident. As a general guide, if you prove medical negligence, you may be eligible to claim for:
Pain and suffering
Medical expenses
Past and Future loss of income (including superannuation)
Compensation for care and assistance provided by loved ones due to the injury
Out of pocket expenses
If you believe that your medical practitioner has let you down and wish to seek compensation for your injuries, you’ve come to the right place. Book a free claim assessment with our medical negligence lawyers in Brisbane now.
Common Medical Negligence Cases
Examples of medical negligence may include:
- Failure to diagnose a condition
- Surgical errors
- Birth injuries to a mother of child
- Surgical errors
- Inadequate treatment
- Treatment errors
- Misinterpretation of test results
- Failure to refer or order appropriate investigations into your condition
In addition to physical trauma and financial loss, the emotional aftermath of medical negligence can be equally devastating. If you’re feeling lost and need legal guidance, Rogalski Lawyers are here for you. Our team is caring, easy to talk to, and dedicated to supporting you through your recovery and claims process.
Do you really need a Medical Negligence Lawyer?
Dealing with the claims process without dedicated guidance can make a challenging situation even harder. Even though it might seem simple at first glance, some claims can get complicated fast, adding more confusion, expenses and worry than necessary.
Bringing on board an experienced medical negligence lawyer can ease the burden and provide the long-awaited relief you deserve. From filing your claim to negotiating settlements and representing you in court if necessary, Rogalski Lawyers will take care of everything for absolutely no upfront costs.
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After Daphne’s husband passed away from Mesothelioma, Rogalski Lawyers stepped in to ease the burden of understanding the legal requirements and claim process that followed.
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We wouldn’t take no for an answer or less than Gareth deserved when he lost his savings after a motor vehicle crash.
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John rates Rogalski Lawyers’s legal service a 10 out of 10! We are glad to have made the asbestos claim process straightforward and stress-free.
Want to know if you have a claim?
Our lighting-fast, user-friendly online claim checker can confirm if you have a valid claim.
Medical Negligence Claims FAQs
Will I have to pay any upfront costs to investigate my medical negligence claim?
We offer a no obligation free consultation to discuss your potential claim. You will speak directly to one of our senior lawyers.
Who will pay the lump sum compensation payment if I win?
Doctors and healthcare professionals are generally covered by insurance. Therefore, the insurer will pay any claim on their behalf.
Do time limits apply for medical negligence claims?
Yes. In Queensland, some claim forms must be lodged within a strict time frame following the incident. In addition to this, there is a three-year time limit from the date of the incident to file court proceedings. This time limit is strict. If you find yourself outside the general three year time limit, it may still be possible to bring a claim. We strongly recommend that you speak to us without delay.
Does medical negligence only happen in hospitals?
No, it can happen anywhere that a healthcare professional is providing care, including medical centres and private health clinics.
Does medical negligence only happen in hospitals?
No. Medical negligence can happen anywhere that a healthcare professional is providing care, including, hospitals, doctors surgeries, dental surgeries, home visits, private health clinics, aged care homes, care homes and health spas.