Medical Negligence

Personal Areas of Law

Key Takeaway

We provide comprehensive advice and representation to individuals who have suffered injury as a result of medical negligence in Queensland.

We provide comprehensive advice and representation to individuals who have suffered injury as a result of medical negligence in Queensland. Our practice covers claims against medical practitioners, hospitals, and other health care providers across all areas of medical practice, including general practice, surgery, obstetrics and gynaecology, emergency medicine, anaesthetics, radiology, and nursing care. Medical negligence claims require the claimant to establish that the health care provider owed a duty of care, breached the standard of care expected of a reasonably competent practitioner, and caused the claimant's injury. Our team has extensive experience in managing these complex claims from investigation through to resolution.

Medical negligence claims in Queensland are subject to the Personal Injuries Proceedings Act 2002 (Qld) and the Civil Liability Act 2003 (Qld), which impose specific procedural requirements and limitations on claims. Claims must be commenced within the limitation period, generally three years from the date of the injury or from the date the injury became discoverable. Pre-court procedures under PIPA require notice of claim, exchange of information, and a mandatory conference before court proceedings. Expert medical evidence is critical to establishing breach of duty and causation in medical negligence claims. We work with leading medical experts across all specialties to obtain the evidence required to prove our clients' claims.

Establishing Breach of Duty & Causation

To succeed in a medical negligence claim, the claimant must establish that the health care provider breached the standard of care expected of a reasonably competent practitioner in the same field and that the breach caused the claimant's injury. The standard of care is assessed by reference to peer professional opinion, and the Bolam principle applies. Causation requires the claimant to establish, on the balance of probabilities, that the injury would not have occurred but for the breach. We work with medical experts to obtain opinions on both breach and causation, addressing the specific legal tests applicable under Queensland law.

Limitation Periods & PIPA Requirements

Medical negligence claims in Queensland must be commenced within the limitation period, generally three years from the date the injury occurred or from the date the injury became discoverable. For minor claimants, the limitation period may be extended. The Personal Injuries Proceedings Act 2002 (Qld) requires compliance with pre-court procedures before court proceedings can be commenced. We manage compliance with all limitation and procedural requirements, ensuring that claims are not prejudiced by failure to meet deadlines. We also assess the application of the limitation period defences and advise on prospects of overcoming limitation issues.

Types of Medical Negligence Claims

Medical negligence claims arise across all areas of medical practice. Common claims include delayed diagnosis or misdiagnosis (particularly in cancer, stroke, and cardiac cases), surgical errors (including wrong site surgery and retained instruments), obstetric negligence (including birth injuries and failure to respond to foetal distress), anaesthetic negligence, medication errors, informed consent claims, dental negligence, and nursing home negligence. Each type of claim requires specific medical evidence and legal analysis. We have experience across all categories and provide strategic advice on prospects and quantum for each claim.

Medical Negligence FAQs (Queensland Law)

What is the standard of care for medical practitioners in Queensland?

Under the Civil Liability Act 2003 (Qld) and the common law (Bolam principle), a medical practitioner must exercise the standard of care expected of a reasonably competent practitioner in the same field, having regard to the recognised standards of professional practice. our team advises that A breach occurs if the treatment falls below that standard. Expert evidence from peers in the same specialty is essential to establish the standard and prove breach. Queensland courts apply a modified Bolam test, meaning a practitioner is not negligent if their conduct conforms with peer professional opinion, even if others might disagree.

What time limits apply to medical negligence claims in Queensland?

Under the Limitation of Actions Act 1974 (Qld), our team advises that the general limitation period for medical negligence claims is 3 years from the date the injury occurred or from the date the injury became discoverable (when you knew or ought to have known the injury was caused by the practitioner's conduct). For minors (claimants under 18), the limitation period is 3 years from their 18th birthday, effectively until age 21. For claimants with impaired capacity, the limitation period may be extended. Court proceedings cannot be commenced until the pre-court procedures under the Personal Injuries Proceedings Act 2002 (Qld) are completed.

What is informed consent in the context of medical negligence in Queensland?

At our firm, informed consent requires a medical practitioner to provide the patient with sufficient information about the proposed treatment, including its nature, benefits, risks, and alternatives, to enable the patient to make a voluntary and informed decision. Under Queensland law, a practitioner must warn of material risks — those that a reasonable person in the patient's position would attach significance to, or that the practitioner knows or ought to know the patient would attach significance to. Failure to warn of a material risk that materialises and causes injury can found a claim for medical negligence, even if the treatment itself was performed competently (Rogers v Whitaker principle).

What types of medical negligence claims are most common in Queensland?

At our firm, common medical negligence claims in Queensland include delayed or misdiagnosis of serious conditions (cancer, stroke, heart attack, infection), surgical errors (wrong site surgery, retained instruments, nerve damage, post-surgical complications), obstetric negligence (birth injuries, failure to respond to foetal distress, cerebral palsy), medication errors (wrong drug, wrong dose, failure to monitor), anaesthetic negligence (airway complications, awareness, medication errors), emergency medicine failures (failure to diagnose, delayed treatment), dental negligence (nerve injuries from extractions, implant failures), and aged care negligence (pressure sores, falls, medication errors).

Do I need expert evidence to prove medical negligence in Queensland?

Yes, expert medical evidence is essential to establish both breach of duty and causation in Queensland medical negligence claims. Our team coordinates expert reports from relevant specialists to support your claim. The expert must provide a detailed opinion on the standard of care and whether the injury was caused by the breach.

Medical Negligence Services

Medical negligence claims against GPs, specialists, surgeons, and allied health professionals
Hospital negligence claims including public and private hospitals and day surgery facilities
Surgical error claims including wrong site surgery, retained instruments, and surgical site infections
Delayed diagnosis and misdiagnosis claims including cancer, stroke, and cardiac conditions
Obstetric negligence claims including birth injuries, cerebral palsy, and brachial plexus injuries
Anaesthetic negligence claims including awareness, airway complications, and medication errors
Emergency medicine negligence claims including failure to diagnose and delayed treatment
Informed consent claims including failure to warn of material risks of treatment
Medication error claims including incorrect prescription, administration, and monitoring
Nursing home and aged care negligence claims including pressure sores, falls, and medication errors
Dental negligence claims including nerve injuries, extraction errors, and infection mismanagement
Expert evidence coordination including medical, nursing, and economic expert reports

Last updated: July 2026

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