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We can't show certain information in Queensland due to local regulations.
For QLD-specific information, please select QLD from the drop down menu at the top of the page.

Content warning 

The information on this page mentions pregnancy and infant loss. 

Can I make a claim?

This area of the law is complicated. Even if you've received negligent treatment, you cannot make a claim if you haven't suffered harm or injury.

To make a successful claim, you'll need to be able to prove that:

  • there was negligent medical treatment on the part of your obstetrician, gynaecologist, doctor, midwife or hospital (more than a reasonable mishap or mistake)
  • the treatment caused an injury or harm to yourself or your baby that otherwise wouldn't have happened

See below for more information on claims and examples of what's considered negligent treatment.

Our expert medical negligence lawyers can help you understand your legal options and if you have grounds for a compensation claim.

 

Time limits for making a claim

Time limits vary under the different state and federal laws. In most cases, you need to take legal action within three years. Extensions of time limits may be possible in some cases. Discuss your circumstances with one of our specialised lawyers so you know where you stand.

 

Compensation and benefits

The compensation and benefits you may receive depend on the severity of your circumstances, the law you're covered by and the state you live in. In some states there's a threshold that determines how significant or severe an injury has to be before you’re entitled to claim damages for pain and suffering.

The compensation you may receive is usually awarded as a single lump sum payment.

Your compensation can cover past, present and future expenses and losses including:

  • direct medical expenses
  • allied healthcare expenses
  • pharmaceuticals
  • medical and domestic assistance
  • loss of income and future earning capacity
  • payment to compensate for pain and suffering and loss of enjoyment of life.

Process for making a claim

Our specialised lawyers will assist you with your claim and make sure you know about your rights and options.

We'll keep you informed throughout the whole process and provide you with legal advice that is easy to understand.


01

Get in touch.

Tell us your story, we're here to listen. Our experienced medical negligence lawyers will review your circumstances to provide you with the best advice. 

02

We’ll prepare your claim.

We take care of the legal process on your behalf. You will be kept informed of all stages along the way, including what fees are payable. 

03

Process payment.

If your claim in successful and damages are awarded, we'll process your payment as soon as we receive it. 


Additional Information

Examples of obstetric negligent treatment that you may be able to claim compensation for include:

  • failure to investigate and monitor pregnancy
  • failure to advise you of abnormalities discovered during your pregnancy and offering you the option to abort
  • injury caused by failing to recognise a high-risk pregnancy and properly manage it
  • injured newborn baby due to the mother's labour or delivery being poorly managed
  • injured newborn baby due to poor neo-natal care.

Examples of gynaecological negligent treatment that you may be able to claim compensation for include:

  • misdiagnosis of a condition leading to infertility or a hysterectomy, including: 
    • delayed diagnosis
    • incorrect or wrongful diagnosis
    • failure to make any diagnosis
  • failed sterilisation incorrect or improper prescription of a contraceptive 
  • pap smear test errors
  • failure to detect cervical or ovarian cancer

It doesn't cost you anything to know where you stand 

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Office locations

We’re here to help. Get in touch with your local office.

Select your state below

Our Canberra office is now closed, but our team continues to serve ACT clients and are available for phone and video appointments. If you need legal advice, please call us on 1800 675 346.

We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.