Queensland has one of Australia’s finest healthcare systems, but sometimes things go wrong! When medical treatment falls below accepted standards and causes harm, you may have grounds for a medical negligence claim. We’re here to help you understand your rights and fight for the compensation you deserve.
The reality of medical errors in Australia
Despite world-class medical training and strict safety protocols, preventable medical mistakes still occur across Australia.
Research from UNSW reveals: up to 18,000 Australians die each year, with around 50,000 suffering permanent injuries from errors that could have been prevented. Many are left dealing with ongoing pain and disability, as reported by ABC News.
Between 2018 and 2023, Queensland alone paid over $390 million in compensation for 1,049 medical negligence claims. A recent high-profile case saw a patient awarded a multi-million-dollar settlement for serious injuries caused by medical errors.
These numbers tell the story: medical negligence can turn your world upside down. Knowing your legal options isn’t just smart—it’s essential if you or someone you care about has been affected.
Understanding medical negligence
Medical negligence happens when healthcare professionals fail to provide the standard of care that a competent practitioner would deliver in similar circumstances. Crucially, this failure must directly cause harm before you can pursue compensation.
Queensland’s Civil Liability Act 2003 recognises that while medicine involves inherent risks, patients deserve protection from preventable errors – and patients can win their claims even if a known risk materialises in many cases!
Common examples of medical negligence include:
- Hospital system failures: Understaffing, faulty equipment, or poor protocols that compromise patient safety
- Individual practitioner errors: Surgical mistakes, wrong medications, or failure to obtain proper consent
- Communication breakdowns: Poor handovers between teams, inadequate monitoring, or missed follow-up care
The four pillars of a medical negligence claim
To win your case in Queensland, you need to prove four essential elements:
1. Duty of care
Once you become a patient, healthcare providers owe you a duty of care. This includes proper treatment, explaining risks, discussing alternatives, and ensuring you can make informed decisions about your health.
2. Breach of duty
You must demonstrate that the provider failed to meet accepted medical standards. This typically requires expert medical evidence comparing your treatment with what a competent practitioner would have done in the same situation.
3. Causation
The breach must directly link to your harm. This is often the most contested element. Medical records and specialist opinions are crucial here.
4. Actual damages
You must show real harm occurred, which may include:
- Physical injuries or worsening of your condition
- Psychological trauma or distress
- Additional medical expenses that could have been avoided
- Lost wages or reduced earning capacity
- Decreased quality of life
Common types of medical negligence in Queensland
Medical negligence takes many forms. Here are the most frequent claims we see across Queensland:
Misdiagnosis or delayed diagnosis
When doctors miss symptoms or fail to order appropriate tests, treatable conditions can progress to serious or life-threatening stages. Cancer misdiagnosis represents one of the most serious and common examples.
Surgical and anaesthesia errors
Operating theatre mistakes can have devastating consequences, including:
- Wrong-site surgery
- Surgical instruments left inside patients
- Bowel or spinal injuries
- Anaesthesia errors leading to brain damage or cardiac complications
The web-based anaesthesia incident reporting system has recorded over 11,200 incidents since 2009.
Birth-related injuries
Negligence during pregnancy, labour, or delivery can harm both mother and child. Common issues include failing to respond to foetal distress, mismanaging complications, or incorrect use of delivery instruments. Severe cases can result in conditions like Cerebral Palsy.
Medication and treatment errors
These occur when:
- Wrong medications are prescribed
- Incorrect dosages are administered
- Allergies or drug interactions are ignored
- Infections or chronic conditions are mismanaged
- Mental health care is inadequate, particularly for vulnerable patients
Cosmetic and elective procedure mistakes
Errors in plastic or cosmetic surgery can cause permanent scarring, disfigurement, or ongoing complications. Negligence may also involve inadequate post-operative care or follow-up.
Failure to obtain informed consent
The Australian Commission on Safety and Quality in Health Care emphasises that informed consent is fundamental to safe medical practice. Patients have the right to understand risks, benefits, and alternatives before agreeing to treatment. If doctors fail to provide this information and harm occurs, it may constitute negligence.
Fatal outcomes (Wrongful death)
In the most tragic cases, negligent care leads to death. A 2025 study found that non-technical errors like poor decisions and communication failures contributed to over 2,300 of 30,971 surgical deaths examined.
Queensland families may pursue wrongful death claims, seeking accountability and compensation while receiving compassionate legal support through the process.
Time limits: Acting quickly is critical
Strict time limits apply to medical negligence claims in Queensland under the Limitation of Actions Act 1974.
You have three years from the date of injury.
Important exceptions include:
- Children: Claims can usually be filed until their 21st birthday
- Mental incapacity: Extensions may apply if the injured person cannot manage their affairs
- A material fact of a decisive character wasn’t known.
Missing the limitation deadline can permanently bar your claim. That’s why getting early legal advice is crucial.
What compensation covers
Compensation in medical negligence cases aims to restore what you’ve lost due to negligent treatment. This may include:
Economic damages
Direct financial losses such as:
- Past and future medical expenses
- Lost income and superannuation benefits
- Reduced future earning capacity
- Ongoing rehabilitation and therapy costs
Non-economic damages
These compensate for non-financial impacts:
- Pain and suffering
- Loss of enjoyment of life
- Emotional and psychological harm
- Impact on relationships and family life
Care and assistance
Where long-term disabilities result, compensation may cover:
- Domestic and personal care support
- Home modifications (wheelchair ramps, bathroom adjustments)
- Vehicle modifications for accessibility
- Specialised equipment and aids
The value of each claim depends on injury severity, medical needs, and life impact. Every case is unique, which is why we custom-build strategies for each client.
Building a winning case
Success depends on thorough preparation and quality evidence:
Medical records
Every test result, chart entry, and treatment note forms your case’s foundation. These records detail what happened, when, and who was involved.
Expert medical testimony
Independent medical experts provide crucial opinions. They must:
- Work in the same specialty as the provider being sued
- Have recognised expertise in that field
- Clearly explain technical concepts for the court
Supporting evidence
Additional evidence strengthens your claim:
- Statements from family or care witnesses
- Employment and financial records showing lost income
- Reports documenting daily life impact
The Queensland legal process
Medical negligence claims must follow strict pre-court procedures:
Step 1: Notice of Claim
You must serve a formal Notice of Claim on the healthcare provider or hospital. This document outlines your allegations and opens negotiation pathways.
Step 2: Settlement Negotiations
Many claims resolve through negotiation or mediation, avoiding trial. Early settlement can reduce stress, costs, and delays.
Step 3: Court Proceedings
If settlement isn’t reached, court proceedings may begin with a Statement of Claim. The process involves:
- The defendant filing their defence
- Exchanging medical records and expert reports
- Pre-trial conferences and mediation attempts
- Trial if agreement cannot be reached
Depending on complexity, claims can take 12 months to several years to conclude.
Real Queensland Case
Jones v Central Queensland Hospital and Health Service [2024] QSC 165
What happened: Alison Jones received radiation treatment in 2012 that left her bones dying from dangerously high doses. For eight years, doctors told her the treatment was appropriate despite chronic pain and fractures.
In 2020, an expert revealed she’d received 60 Gy radiation when the international standard was 56 Gy—increasing bone death risk from 1-2% to 20-30%. The Queensland Supreme Court granted her an extension to sue beyond the normal three-year limit.
Key takeaway: Courts will extend limitation periods when plaintiffs prove they didn’t know crucial facts despite reasonable investigation.
Michelle Wright, Partner at accident legal, explores this case in detail.
We’re fighting for you
Medical negligence claims give Queensland patients the chance to hold healthcare providers accountable when substandard care causes harm. These cases are complex, heavily defended, and require specialist expertise.
Healthcare providers and their insurers have significant resources, and the medical profession often rallies to defend its members. But we’re on your team.
At accident legal, we understand what insurers are capable of because we’ve been on their side of the field. Now we use that insider knowledge to fight for you.
Our Promise to You:
- No Win, No Fee: You don’t pay unless we secure compensation
- We cover all costs: All upfront expenses are on us, with zero interest or hidden fees
- 24/7 direct line to your lawyer: Speak directly to your lawyer anytime, even at 2 a.m.
- We come to you: With offices across Queensland, we’ll meet you wherever you feel most comfortable—at home, in hospital, or anywhere you need us
We’re Queensland’s Champion Legal Team—and we’re ready to fight for your future.
Talk to one of our experienced teams today:
- Gold Coast personal injury lawyers
- Brisbane personal injury lawyers
- Noosa personal injury lawyers
- Logan personal injury lawyers
- Maroochydore personal injury lawyers
- Toowoomba personal injury lawyers
- Ipswich personal injury lawyers
- Townsville personal injury lawyers
- Cairns personal injury lawyers
- Bundaberg personal injury lawyers
- Rockhampton personal injury lawyers
Call us 24/7 for a free consultation—we’re ready to champion your rights.
