Medical Negligence Lawyers in Cairns

Depending on the case’s complexity, 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.
Once your injuries are stable, our lawyers will collect expert evidence to help support your claim for medical negligence.This process can take between 6 and 12 months.
It is essential to seek legal advice regarding a medical procedure that has caused you pain and suffering, talk to our compensation lawyers.

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 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 settlement events. These include a compulsory conference, mediation, or receiving or making an offer during the process.

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

Our compensation lawyers resolve many claims before they reach court. These are settled through the compulsory settlement conference, where the matter is discussed with all parties, or mediation.

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. You might not receive the compensation you are entitled to without legal representation.

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.

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.

Informed consent must be obtained from you before any medical treatment is carried out, with the exception of emergencies. This makes sure you know the pros and cons, or risks, of any suggested procedure.

Consent types differ based on the procedure, but most surgeries need 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.

The terms medical negligence and medical malpractice are interchangeable, however, there are subtle differences between the two.

Negligence is when a practitioner or medical institution performs or makes a decision that accidentally causes harm to you.

Malpractice occurs when a practitioner or medical institution is aware of the potential for damage or harm before the mistake is made. For example, they made a mistake due to failure to follow guidelines, protocols, or instructions.