Medical Negligence Lawyers in Cairns

Cairns owned and operated compensation lawyers


Compensation for medical negligence

If a medical professional provided you with care or treatment that did not meet an acceptable standard, you may be able to claim compensation from their insurance.
As with all professionals, health professionals have a ‘duty of care’ to exercise reasonable care for their patients. It can be difficult to pursue compensation for negligent treatment. This is because it requires proving that the medical professional/s acted negligently.

Do I have a claim for medical negligence?

If you have been injured or have suffered complications from medical treatment or procedures, you may be able to claim compensation for medical negligence against:

  • A doctor;
  • A hospital; or
  • An allied health professional.

To be entitled to compensation for medical negligence, it is necessary to demonstrate that:

  • you received treatment below the standard of care.
  • they did not give you information about the complications you have experienced because of the treatment.
  • they did not properly warn you of the risks of such complications prior to undertaking the procedure.

If you believe a medical professional has failed you, contact our medical negligence lawyers in Cairns today.


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Frequently Asked Questions

How long does a medical negligence claim take?

Depending on the complexity of the case, a medical negligence claim may take 18 months to settle. Claims can sometimes take years to resolve, due to the complex nature of allowing injuries to stabilise before a claim is made.

After your injuries have stabilised, our medical negligence lawyers will gather any necessary expert or medical evidence to support your claim. This process can take between 6 and 12 months.

It is important to seek legal advice regarding a medical procedure that has caused you pain and suffering, talk to our compensation lawyers.

How much does a medical negligence claim cost?

We undertake all our work for medical negligence compensation on a ‘no-win, no-fee’ basis. You don’t have to pay us or cover any associated costs (e.g. medical reports or payments to third parties) unless we win your case and get you compensation.

We can generally provide our clients with an estimate of the costs that will be payable on a stage-by-stage basis. This can be provided once we have received the formal response from the medical practitioner’s professional indemnity insurer advising whether they accept liability in part or full.

We also give our clients updated, accurate cost information before any settlement events. These include a compulsory conference, mediation, or receiving or making an offer during the process.

Are there time limits for making a medical negligence claim?

It is important to seek advice from an expert lawyer as soon as you become aware of any medical negligence. Claims for negligence have strict time limits and must be lodged three years from the date of injury.

Will I need to go to court?

Many claims managed by our compensation lawyers are resolved before they get to court. These are settled either through the compulsory settlement conference, where the matter is discussed with all parties, or through mediation.

Will I need to go to court?

Many claims managed by our compensation lawyers are resolved before they get to court. These are settled either through the compulsory settlement conference, where the matter is discussed with all parties, or through mediation.

Do I need a lawyer to make a negligence claim?

You can pursue a negligence claim without a lawyer, but it’s highly advisable to seek legal advice.

Insurers are experienced in defending compensation claims for negligence and will likely utilise the services of their own lawyers to defend the claim. Without legal representation, you might not receive the compensation you are entitled to.

If I don’t win, how much will I have to pay?

If we are unsuccessful with your medical negligence case, you will have no out-of-pocket expenses. Our lawyers work on a no-win, no-fee basis.

Who can I make medical negligence claims against?

There are a number of medical institutions and practitioners you can make a medical negligence claim against.

These can include:

  • Private and public hospitals
  • Doctors – General Practitioners (GPs), Surgeons, Specialists and Consultants
  • Dentists
  • Pharmacists
  • Ophthalmologists
  • Physiotherapists
  • Chiropractors
  • Nurses and Midwives
  • Radiologists

What is informed consent?

Informed consent must be obtained from you before any medical treatment is carried out, with the exception of emergencies. This ensures you have been provided and understand the advantages and disadvantages, or risks, of any procedure that is being recommended.

The type of consent can vary depending on the extent of the procedure, however most surgical procedures require a signed consent form.

It is important to note that the consent form does not cover every risk, only those deemed relevant to the procedure. Therefore, if your medical treatment resulted in injuries or complications beyond the risks advised, you may be entitled to claim compensation.

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