Medical Negligence is when you suffer an injury as a result of the care and treatment prescribed by your health care provider. If you have suffered injury from medical neglgience you may be entitled to bring a claim for personal injuries against the doctor, hospital or health care provider.
Some examples of the types of injuries we have been involved in are:
- Faulty surgery or surgery that should not have been recommended or performed resulting in an acquired brain injury, sepsis, amputations, multi organ failure, paralysis;
- Mismanagement of pregnancy or labour resulting in birth defects such as cerebral palsy, acquired brain injury;
- A GP prescribing incorrect medication resulting in necrosis of the knees;
- A radiologist failing to diagnose a broken bone visible on an x-ray resulting in a delay in management of the break;
- Failure to diagnose infection in the spine resulting in paraplegia.
In Medical Negligence claims the parties are bound by the rules set out in the Personal Injuries Proceedings Act 2002 (QLD) and Civil Liability Act 2003 (QLD).
There are specific timeframes associated with an injured party commencing claims against health care providers, including:
- You must serve the party who caused your injury with an initial notice within 9 months of from the date of accident or within one month of you consulting with a Lawyer about making a claim. If you are late in serving the initial notice, a reasonable excuse is to be provided.
- The party served with that document has one month to respond, following which you must serve a Notice of Claim form on the responsible party within 12 months of their response. Again if you do not serve the document, it is not fatal to your claim, but a reasonable excuse is to be provided for the delay.
- Underlying all of these time frames, a personal injury claim in Queensland also has a three year limitation period and proceedings must be commenced within three years from the date of accident.
- There are exceptions to this rule, one being if the injury occurred when they were not yet 18 years of age, then the three year time limitation does not commence until the injured person turns 18 and expires when they turn 21
- There are further exceptions and if you have any queries please contact us to discuss.