Claim guides

Medical negligence claims in Queensland

When treatment by a doctor, hospital or other health professional causes harm.

What has to be shown

Not every bad outcome is negligence. A claim needs expert evidence that the treatment fell below the standard expected, and that this caused harm that otherwise wouldn't have happened.

In Queensland these claims follow the Personal Injuries Proceedings Act, beginning with a Notice of Claim. They usually need reports from independent medical experts.

Complaints and claims are different

You can complain to the health service or the Office of the Health Ombudsman, but a complaint doesn't pay compensation and doesn't stop the time limits for a claim.

What to do now

  1. Get any further treatment you need.
  2. Write down a timeline of your treatment, with dates and the names of those involved.
  3. Ask for copies of your medical records.
  4. Keep receipts for treatment, medication and travel.
  5. Get advice early: these claims take time to prepare.

General information about Queensland law, not legal advice about your situation.