How to Pursue a Medical Malpractice Lawsuit


Medical negligence is conduct that does not measure up to the expected quality of medical attention that you expect to receive.

Medical practitioners are some of the most skilled professionals in Australia today, but they are also the most vulnerable to lawsuits.

Not only do they work in a volatile environment, but they also perform a demanding job that requires them to work long hours.

While the nature of their jobs remains considerably tough, it is every patient’s right to receive the best medical care from the moment they walk into a health facility until they walk out.

In Queensland, any misconduct that one may experience is covered in the Queensland Personal Injury Act of 2002 and also in the Civil Liability Act of 2003.

To decide on how much compensation a patient should get, the court demands evidence from a medical specialist on the expected level of care, usual safeguards, and the correct procedure.

The evidence provided is then used to determine if there was a breach during the treatment period.

How to File for a Malpractice Lawsuit

There are various situations that may lead to one filing for a malpractice claim.

Laws governing medical negligence change from state to state, depending on the location of the facility and place of residence of the victim.

It is, therefore, important that the victim liaises with a lawyer.

Medical negligence claims are quite different from the rest. To successfully make a claim, you must prove two things:

  1. Fault – Shows that the professional failed in their duty.
  2. Avoidable situation – Proof that the circumstances under which you incurred harm were avoidable.

The fault also referred to as the duty of care breach, means that the care given fell below acceptable standards of a competent healthcare provider.

There should be proof that the patient’s health is in worse condition as a result of sub-standard care and not their pre-existing illnesses.

For such reasons, an independent medical expert is used to assess the case and give their expert opinion after a thorough analysis.

The examiner should be able to tell if there was negligence or the treatment fell under acceptable treatment standards.

If it is determined that there was negligence, then how severe was it?

Situations suitable for medical negligence claims include the following;

1. When a medical practitioner directly or indirectly put you in danger.

These could be a misdiagnosis which may lead to wrong treatment and prolonging the treatment period and as a result be detrimental to your health and general wellbeing.

This scenario, for example, is a situation where you get the wrong medicine, you develop an allergic reaction, and you become ill.

2. Your physician misinforms or fails to give you full details of tests involved and carrying out procedures without your consent.

They may fail to disclose the risks involved in specific processes.

The same applies when they wrongly prescribe drugs, and you end up sick or the recovery journey takes the wrong turn.

3. The medical professional fails to give adequate treatment and care within a reasonable time frame.

This oversight could include not offering other forms of treatment like surgery on a condition that will deteriorate if not attended to promptly.


The main reason why a patient must always file a medical negligence claim is that they are entitled to quality healthcare treatment.

Trained professionals are supposed to take care of our health, and it is critical that they don’t compromise our health under any circumstances.

Malpractice can have mild to severe consequences in the long run.

Without a medical law background, it may be difficult to understand if your caregiver has acted negligently.

If you need a reputable law firm to help you with a medical malpractice claim, please contact us at White Jordin Lawyers on 07 3211 8644 or through our website.

White Jordin Lawyers
White Jordin Lawyers value fairness, integrity and justice. They believe that all people have the right to access the legal system and to have their cases heard.