Medical Negligence Lawyers Brisbane.

Medical malpractice, or medical negligence, occurs when a healthcare professional’s negligence leads to harm, injury, or worsening of a patient’s condition. Examples include surgical errors, misdiagnoses, delayed diagnoses, and medication overdoses. It’s important to understand that not every poor outcome is negligence - some medical complications occur even with proper care.

Negligence is about whether the treatment fell below what a competent practitioner should have done in the same circumstances.

You may have a claim if negligent treatment caused an injury, complication, or worse outcome than you otherwise would have faced. For instance:

• A delayed diagnosis allowed your condition to worsen
• A surgical mistake left lasting damage
• The wrong medication or dosage caused harm

Negligence must be proven — it’s not enough to be dissatisfied with treatment. Contact us early to assess whether you have a potential claim.

Medical negligence can occur in many different circumstances where a healthcare professional fails to provide treatment that meets the accepted standard of care. Some of the most common situations include:

• Surgical errors – such as operating on the wrong body part, leaving surgical instruments inside a patient, or performing unnecessary surgery.
• Misdiagnosis or failure to diagnose – where a condition is missed or mistaken for another illness, leading to delayed or incorrect treatment.
• Delays in treatment – if timely intervention could have prevented the condition from worsening.
• Negligent pre/post treatment care – where negligence before or after treatment results in significant injury, illness or further damage.
• Medication errors – including prescribing the wrong drug, incorrect dosage, or failing to account for allergies and interactions.
• Failure to warn – not informing the patient of significant risks before a procedure, denying them the chance to make an informed decision.

Each case turns on whether the care provided fell below what a competent practitioner would have done in the same situation.

A claim may be made against any healthcare professional or organisation that owed you a duty of care and failed to meet it. This includes:

• Doctors, surgeons, and specialists – responsible for diagnosing, treating, and advising patients.
• Nurses and other medical staff – who provide day-to-day care and support.
• Dentists and allied health professionals – such as physiotherapists or chiropractors.
• Hospitals and clinics – whether public or private, which may be liable for systemic failures, staffing issues, or inadequate safety policies.

Responsibility often rests with more than one party. For example, a surgeon may have made an error, but the hospital may also be liable for failing to maintain safe protocols or adequate supervision. In these cases, the same insurer often covers the negligent treatment provider and the hospital/medical centre togehter. An experienced lawyer can investigate and identify every potentially responsible party to ensure your compensation reflects the full extent of your losses.

Evidence is critical, but you don’t need to collect it all before contacting us. We’ll guide and manage the process. Key evidence includes:

• Your medical records and test results
• Independent expert medical reports
• Hospital or incident reports
• Witness statements
• Photographs, scans, or imaging

Early involvement allows us to secure and interpret the right evidence for your claim.

In Queensland, strict time limits apply. You have 3 years from the date of the negligent treatment to make a claim. Sometimes this can be extended where you did not become aware of the negligence, injury, and/or their impact until later.Because many patients don’t realise right away, it’s important to seek advice as soon as possible. Extensions are limited, and delaying could cost you your right to claim.

Compensation aims to put you back, as much as possible, in the position you would have been in without the negligence. Depending on your case, this may include:

• Pain and suffering
• Past and future medical expenses
• Loss of income or reduced earning capacity
• Rehabilitation, care, and support needs
• Out-of-pocket costs

The amount depends on the severity of your injury, your future needs, and the effect on your daily life.

These claims are usually more complex than other injury matters and often take 1 – 3 years to resolve. The timeline depends on:

• Whether liability is admitted
• How quickly your condition stabilises
• The insurer’s willingness to negotiate

Some cases settle earlier, others require mediation or court. From the outset, we’ll provide a realistic timeframe and keep you updated.

Most medical negligence claims are resolved without going to court. The majority settle through negotiation or mediation because insurers prefer to avoid the cost, delay, and uncertainty of litigation. Court proceedings generally only become necessary if the insurer disputes liability or refuses to offer fair compensation.

While going to court is less common, it remains a possibility in complex or heavily contested cases. If litigation is required, we prepare thoroughly and guide you through every stage so you know exactly what to expect.

If you believe you’ve been affected by medical malpractice in Queensland, here are the first steps to take.

1. Gather your medical records – these provide the foundation for investigating your claim.
2. Seek a second opinion – another specialist can help confirm whether negligence may have occurred.
3. Contact Gain Lawyers for a free consultation – we’ll explain your rights, assess your case, and guide you through the next steps.

Medical negligence claims often require expensive expert reports. Many firms make clients pay upfront - sometimes with high-interest loans. We take a different approach:

• No upfront fees or out-of-pocket costs
• We pay all disbursements during your claim
• No hidden “uplift” or extra care-and-consideration fees
• If your claim doesn’t succeed, we write off everything

This makes your claim completely risk-free.

The amount of costs (legal fees plus disbursements) you incur depends on how complex your claim is, how much evidence is required, and what attitude the insurer has towards resolving your claim.  If the value of your claim exceeds certain thresholds, the insurer will be required to contribute ‘standard costs’ towards your total legal costs, which generally covers most of your disbursements and a portion of your remaining legal fees.

Medical negligence is one of the most complex areas of personal injury law. At Gain Lawyers:

• Your case is handled only by Accredited Specialists in Personal Injury Law
• We have over 22 years of experience in complex and catastrophic medical negligence claims
• Our fees are 20–40% lower than large firms
• We cover all costs upfront — no loans, no hidden extras, no uplift fees
• Direct access to your lawyer — clear communication, regular updates and easy access to your own documents

If your claim doesn’t succeed, we write off all costs entirely.