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      What is medical negligence?

      Medical negligence happens when a doctor, hospital, or healthcare provider delivers care that falls below an acceptable standard — and you’re harmed because of it. You might also hear it called ‘medical malpractice’.

      If you’re dealing with the effects of poor medical treatment, it’s natural to feel overwhelmed or unsure where to turn. That’s where we come in.

      Our dedicated medical negligence lawyers in Brisbane have helped thousands of people hold healthcare providers accountable and secure the compensation they deserve.

      Get in touch for free advice today. We’ll listen to your story, assess your situation, and clearly explain your options. With three convenient Queensland offices, expert support is always nearby.

      Common examples of medical negligence

      Some of the most common types of medical negligence in Queensland are:

      • Pregnancy complications, birth defects or birth injuries.
      • Paediatrics and gynaecology errors.
      • Failure to advise of medical risks.
      • Insufficient pre- or post-operative care.

      Don’t see your situation listed? Don’t worry — this isn’t an exhaustive list. If you’ve been harmed because of a medical professional’s mistake, poor care, or negligence, there’s a good chance you have a claim. To confirm whether you’re eligible, chat with our experienced medical malpractice lawyers in Brisbane or across Queensland.

      Start your free online claim check

      Find out if you’re eligible for medical negligence compensation today.

      Check your claim nowIt only takes 2 minutes.

      How to find a medical negligence lawyer: Brisbane & QLD

      With three offices across Queensland, expert medical negligence help is always within reach. Use the map below to find your nearest Monaco Solicitors location.

      Prefer to stay home? We offer phone and video consultations. And if you’re unable to travel, our lawyers can also come to you.

      Retrieving locations...

      How to prove medical negligence in Queensland

      To make a medical negligence claim in Queensland, you’ll need to prove four key things:

      The first thing you’ll need to show is that the medical professional owed you a ‘duty of care’. That just means they had a legal responsibility to look after your health and safety. In most cases, this is pretty straightforward — if you were treated by a doctor, dentist, hospital or other healthcare provider, they almost certainly had that duty while caring for you.

      Next, you’ll need to show that the care you received wasn’t up to standard. In simple terms, this means no reasonable healthcare provider in the same situation would have done what they did — or failed to do.

      You’ll also need to show a clear link between your health problems now and the treatment (or lack of treatment) you received from the medical professional.

      This might include things like lost income, medical bills, or pain and suffering (the way the injury has affected your life).

      Medical negligence is a complex area of law. Just because something went wrong during your treatment doesn’t automatically mean negligence occurred. That’s why you need a lawyer with a strong understanding of both medicine and law — someone who can navigate the grey areas and clearly demonstrate when a healthcare provider has fallen short.

      How much compensation will I receive?

      There’s no set average payout for medical negligence cases in Queensland — every situation is unique. The compensation you might receive depends on the details of your case, including the severity of your injury and how it’s affected your life.

      Some claims might result in payouts between $100,000 and $200,000, while others — especially those requiring lifelong care and support — can exceed $10 million.

      It’s important to know that medical negligence payouts in Queensland aren’t just about covering financial losses. You’re also entitled to compensation for the broader impact the injury has had on your life.

      Your payout may include:

      • Lost income: wages you’ve already lost, plus future earnings and superannuation.
      • Care and support: professional care or help from family and friends, including if you’re no longer able to care for someone who depends on you.
      • Other costs related to your injury: medical bills, travel costs, and necessary modifications to your home or vehicle due to your injury.
      • Non-economic losses: how your injury has affected your physical and mental well-being.

      To claim for non-economic loss in Queensland, your Injury Scale Value (ISV) needs to be assessed by an independent medical expert. This is a score between 0 and 100 that reflects how your injury has affected your life overall. It’s based on factors like:

      • Your age and health at the time of the injury.
      • The injury's impact on your daily life.
      • The psychological harm caused by the injury (if applicable).
      • The medical evidence provided.

      An ISV of 0 means you’ve made a full recovery with no lasting problems from your injury. At the other extreme, an ISV of 100 is for the most serious, permanent injuries — like being paralysed from the neck down or having severe brain damage.

      For example, if you’ve broken your thigh bone (femur), the ISV depends on how serious the break is. A healed break with some slight bending or deformity might get an ISV of around 45, which could mean a payout of about $104,795. On the other hand, a break in the neck of the femur (near the hip) might be rated around 50, with a payout closer to $116,440.

      If you have more than one injury, your ISV will be initially based on your ‘dominant injury’ — the one with the highest potential ISV. However, if the dominant injury’s ISV doesn’t fairly reflect the combined effect of all your injuries, the court can apply an ISV ‘uplift’ to increase your compensation. Keep in mind, the total ISV can never exceed 100.

      Whether you have one injury or multiple — if your ISV doesn’t reflect their true impact, our lawyers will organise an independent medical assessment with our trusted experts. Over the years, we’ve helped countless Queenslanders challenge unfair ISV assessments and secure the compensation they’re entitled to.

      How to make a medical negligence claim in QLD

      During your free consultation, you’ll talk directly with one of our experienced medical negligence lawyers in Queensland. We’ll take the time to really listen to your story, explain your legal rights in plain, easy-to-understand language, and give you clear advice on what compensation you might be entitled to.

      If you decide to move forward, the same lawyer you speak with will likely handle your case from start to finish — so you get consistent support and expert guidance every step of the way.

      Your lawyer will start by reviewing your clinical records and thoroughly analysing your medical history to build a strong case. Sometimes, we may ask one of our trusted medical experts to assess your condition. If that happens, we’ll cover all the costs — and you won’t pay a thing unless we win your claim.

      We collaborate closely with our medical experts — GPs, surgeons, and liability specialists — to gather detailed reports and essential evidence that strengthen your case. If your condition has impacted your ability to work or reduced your hours, we’ll also bring in vocational experts to assess your current and future work capacity.

      Once your lawyer has gathered strong evidence, the next step is to formally notify the medical professional and their insurer. In Queensland, this process is detailed, legally technical, and strictly time-sensitive — so it’s crucial your lawyer knows exactly how to handle it to keep your claim on track.

      Here’s how it works:

      1. Send initial notices: these need to be sent to all potential respondents within 9 months of the injury — or within 28 days of you first speaking with a medical negligence lawyer, whichever comes first.
      2. Lodge a ‘Notice of Claim – Part 1’: this formal notice (also called a Section 9 Notice) outlines what happened with your treatment and includes any medical reports or evidence supporting your claim.
      3. Serve a ‘Notice of Claim – Part 2’: this provides further details about your injuries, how they’ve affected your life, and any long-term consequences you’re dealing with.
      4. Attend a compulsory conference: this is an informal settlement meeting between both parties. Your lawyer will handle all negotiations, working to secure the best possible outcome without the need for court. It’s also where solid preparation and legal strategy make a big difference.

      Most medical negligence cases don’t end up in court — they’re usually resolved at mediation. So in many cases, this is when you’ll receive your compensation.

      But if your case doesn’t settle (or the insurer’s offer isn’t fair), your lawyer won’t hesitate to take it further. Court proceedings must be started within 60 days of the mediation, and your lawyer will manage the entire process for you.

      Meet your future medical negligence lawyers

      Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

      Sachini Amarasinghe
      Special Counsel
      • English
      • Medical Negligence
      View full bio
      Iain Miller
      Senior Associate
      • English
      • Medical Negligence
      View full bio
      Byron Dickson
      Associate
      • English
      • Medical Negligence
      View full bio
      Leon Monaco
      Managing Partner
      • English, Russian
      • Workers Compensation, TPD, Motor Vehicle Accidents, Public Liability
      View full bio
      Meet more of the team

      How much does a medical negligence claim cost in QLD?

      The cost of your medical negligence claim can vary depending on factors like how long it takes to resolve and how strongly the insurer fights your case. But one thing remains constant — you’re protected by our No Win No Fee guarantee. We cover all upfront costs, and you won’t pay a cent unless we win your claim.

      Here’s how our medical malpractice lawyers in Brisbane make your claim risk-free:

      • No cost to you: unlike other firms, our No Win No Fee Guarantee covers every expense related to your claim — not just our legal fees.
      • No upfront fees: we cover all costs upfront, including medical reports and expert evidence, so you’re never out of pocket.
      • Lower legal fees: in most cases, we recover the majority of our fees from the medical professional’s insurer, meaning you keep more of your compensation.
      • 90-day risk-free trial: you get a 90-day free trial to assess our service — if you cancel within that time, there’s absolutely nothing to pay.
      Find out more about our fees

      Frequently asked questions

      You can make a medical negligence claim against any medical professional or institution registered to practice in Queensland. This includes:

      • Hospitals.
      • Surgeons.
      • General Practitioners (GPs).
      • Specialists.
      • Nurses.
      • Dentists.
      • Oncologists.
      • Radiologists.
      • Pharmacists.
      • Midwives.

      If you’re unsure whether your medical provider is registered, you can easily check the national online register of practitioners through the Australian Health Practitioner Regulation Agency (AHPRA).

      Strict time limits apply to all medical negligence claims in Queensland — and missing one could mean losing your right to compensation. These deadlines are often referred to as the statute of limitations.

      In most cases, you have three years from the date of the negligent treatment to formally start your claim. However, you’re also expected to give notice of your claim within nine months of becoming aware of your injury.

      There are exceptions for children and people with disabilities. Usually, they have until three years after their 18th birthday to make a claim. But if a parent or guardian sought legal advice before the child turned 18, the time limit becomes 18 months from the date of that consultation.

      That said, the rules around time limits can be complex — and there are exceptions. So even if you think you might be out of time, don’t assume you’ve missed your chance. Talk to a Queensland medical negligence lawyer as soon as possible. We’ve helped many people with delayed claims, and we’re ready to help you too.

      The timeline for a medical negligence case really depends on your unique situation — how complex your claim is and how long it takes for your condition to stabilise. Usually, most medical negligence claims take around 12 to 18 months to resolve.

      Our medical negligence solicitors in Brisbane have decades of experience focusing solely on these cases. That means we not only know how insurers operate but also understand the common tactics they use to delay settlements. We catch these early, prepare strong evidence to counter them, and work to get your compensation paid sooner.

      To get a clearer idea of how long your claim might take, reach out to our medical malpractice lawyers in QLD. Once we know more about your case, we can give you a better estimate.

      In Queensland, you might be able to make a claim if your loved one’s passing has had a big impact on your finances, mental health, or home life. Depending on your situation, there are three main types of claims you can pursue:

      1. Dependency claims: for partners, children, and others who financially depended on the deceased.
      2. Nervous shock claims: for those who develop a psychiatric illness because of the death.
      3. Loss of services claims: for unpaid caregiving or domestic help that the deceased used to provide.

      Each of these claims can provide important financial support during such a tough time. We’ll take a closer look at each one below.

      Importantly, if you think you might qualify for any of these claims, make sure to get in touch with our medical negligence lawyers in Brisbane. We’ll help explain your options clearly and guide you every step of the way.

      Dependency claims

      You can make a dependency claim if you relied financially on the deceased — that is, if you depended on their income to cover your everyday living expenses.

      Usually, close family members like spouses, de facto partners, children, parents, and siblings qualify. But even distant relatives or non-family members who were financially supported by the deceased might be eligible, too.

      How much compensation can you receive?

      It all depends on things like:

      • Your age.
      • Your relationship with the deceased.
      • The deceased’s income before they passed.
      • How much they contributed to your daily living costs.
      • Future expenses, such as education or ongoing care.

      In short, the compensation aims to cover the financial support you would have continued to receive if your loved one were still here.

      Nervous shock claims

      If the death of a loved one caused you to develop a psychiatric condition — like anxiety, depression, or PTSD — you might be eligible to claim nervous shock. This can also apply if you witnessed the death firsthand.

      It’s important to know that claims can’t be made for grief or distress alone; you must have a diagnosed psychiatric illness to qualify.

      How much compensation can you receive?

      Your compensation could cover:

      • Medical expenses related to your condition.
      • Lost income caused by the illness.
      • Pain and suffering.

      Loss of services claims

      If your loved one provided unpaid help like cooking, cleaning, childcare, or school drop-offs — known as ‘gratuitous services’ — you may be able to claim compensation for losing this support.

      How is compensation calculated?

      Since these services aren’t paid work, their value can be difficult to calculate. Generally, courts look at:

      • The deceased’s skills or trade.
      • How much time they spent providing services.
      • The impact and extra burden on family members or others who now have to take over these tasks.

      Probably not. Courts now require both sides to meet and negotiate before setting a court date. Because of this, about 95% of cases settle out of court. But if it comes to it, we won’t hesitate to take your case to court.

      Medical negligence is one of the most complex areas of law — it takes deep knowledge of both medicine and legal principles to build a strong claim. A specialist lawyer can help you understand what kind of claim you might have and how to get the most value from it.

      When you work with an experienced medical malpractice lawyer in Brisbane, they’ll:

      • Assess whether your claim is valid and explain its potential worth in clear terms.
      • Collect solid evidence to prove the medical professional’s negligence.
      • Challenge the medical and other evidence the insurer presents.
      • Advise you on the best way to move your claim forward, especially if the insurer isn’t offering a fair settlement.
      • Spot any additional claims you might be entitled to — which can often be worth much more than your medical negligence claim alone.
      • Work hard to maximise your final compensation payout.

      Our medical negligence lawyers know how to stand up to the big healthcare insurers, using detailed medical reports and expert testimony to fight for the compensation you deserve.

      And with our No Win No Fee Guarantee, your claim is completely risk-free — no upfront costs, and you only pay if we win your case.

      Alongside your medical negligence claim, you might also be entitled to extra compensation through your superannuation. What you can access depends on your specific super policy, but this often includes:

      Every super policy is different, and figuring out exactly what you’re entitled to can be complicated. That’s where our specialist medical negligence lawyers in Brisbane come in. We’ll carefully review your policy, explain your entitlements clearly, and make sure you get every dollar you deserve.

      See more FAQs

      Get free legal advice

      Find out if you have a claim today.

      Start your claim checkMake an enquiryCall 1300 769 665
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      When you walk through our doors, our top priority is to help you as much as we can. This commitment is shown in over 200 5-star reviews.

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      For anyone facing medical negligence issues, I highly recommend Monaco.

      I contacted Monaco in regard to a complex negligence claim. The team at Monaco were both approachable and professional. Their knowledge and commitment gave me confidence and a strong case, which ultimately led to a successful outcome.

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      I am forever thankful! God bless you for being there for me whenever I called.

      Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.

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      They were always ready to help with paperwork and answer any questions.

      The staff at Monaco solicitors are very respectful, courteous, knowledgeable and professional. They were always able to help me with the paperwork on my case and always available to assist with any questions I had. They explained all the details of the process as it came up. I have no hesitation in recommending them to anyone who has a medical issue.

      Google Posted by Paulina Chapman
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      Easy and supportive define my experience with Monaco.

      My experience with Monaco Solicitors has been very rewarding. My solicitor was Lucy, who was so easy to communicate with throughout the process. On mediation, she was so supportive. I certainly would recommend Monaco Solicitors to anyone who feels they may have a potential Medical Negligence claim.

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      Thank you for accomplishing so much in such a short time.

      Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.

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      Good result! We had a complicated claim but they got the job done.

      My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.

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      I knew it from the very first phone call: I had found a compassionate law firm.

      Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.

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      They helped me juggle my injury claim and my mum's full-time care.

      I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.

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      Monaco helped me get much more compensation than I expected.

      Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.

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      They gave it their all and the result was even better than expected.

      At all times during this long process, I felt supported by the solicitors and barrister assigned to me. At mediation, it became clear that my team were doing all they could to get the best possible outcome for me. At settlement, they did better than I expected.

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      Leon Monaco & team member

      What makes us the best medical negligence lawyers in Brisbane?

      Medical negligence is one of the most technically challenging areas of law, so you need a law firm that’s fully equipped to handle it. Our specialist medical negligence lawyers in Brisbane combine proven legal strategies with expert medical knowledge to build your case and help you secure the compensation you deserve.

      We work closely with a trusted network of medical experts across Queensland who provide independent examinations, detailed reports, and expert testimony to strengthen your claim.

      Voted ‘Compensation Law Firm of the Year in Australia 2020,’ we’re recognised industry leaders with the experience and skill to win even the most complex medical negligence cases.

      Get in touch with our medical negligence lawyers today for free, comprehensive legal advice. We’ll listen to your situation, explain how we can support your claim, and map out the best strategy to maximise your compensation.

      Speak to one of our friendly lawyers

      Email us 1300 769 665

      Millions won for our clients

      View more case results

      $10 million

      Medical Negligence Lawyers in Brisbane & Queensland
      Medical Negligence

      Hospital pays substantial settlement to father left unable to walk or talk

      Sam was a working father in sound health prior to undergoing surgery. Improper treatment by hospital staff left him unable to speak, walk or swallow. He requires...

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      $2.5 million

      Medical Negligence Lawyers in Brisbane & Queensland
      Medical Negligence

      Midwife and hospital staff responsible for child’s chronic illness

      Nadia was diagnosed with Cerebral Palsy at 18 months old. Her mother felt the hospital had been negligent during the birth. We helped prove their negligence and...

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      $2.5 million

      Medical Negligence Lawyers in Brisbane & Queensland
      Medical Negligence

      Amy wins significant payout for hospital negligence during surgery — despite being warned of the risks

      After a laparoscopic procedure to remove her ovaries and fallopian tubes, Amy* suffered a perforated bowel, leaving her unable to walk or work. We proved that the...

      Read more

      $1.5 million

      Medical Negligence Lawyers in Brisbane & Queensland
      Medical Negligence

      Esther wins $1.5mil settlement after hospital fails to find cancer

      When Esther* went to a public hospital with groin pain, she underwent ultrasounds and x-rays, but the hospital failed to identify a suspicious mass. This negligence led...

      Read more

      $750,000

      Medical Negligence Lawyers in Brisbane & Queensland
      Medical Negligence

      Young mother gets payout for improper GP treatment

      Sarah's doctor injured her nerve while attempting to remove a contraceptive implant. She was unable to work or care for her children. We helped Sarah win a...

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      $500,000

      Medical Negligence Lawyers in Brisbane & Queensland
      Medical Negligence

      Mary secures settlement for delayed cancer diagnosis in just 8 months

      When doctors repeatedly missed diagnosing Mary’s* breast cancer, we tapped into our network of experts to swiftly secure the compensation she needed for her ongoing care. Mary...

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      $230,000

      Medical Negligence Lawyers in Brisbane & Queensland
      Medical Negligence

      Client secures out-of-Court settlement for botched surgery

      A botched operation left our client bedridden and in constant pain. She also developed a psychological condition as a result. We proved that the surgeon was liable...

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      $850,000

      Medical Negligence Lawyers in Brisbane & Queensland
      Medical Negligence

      Both dentist and hospital held responsible for poor surgery aftercare

      Liam was left with a painful infection after an improper tooth extraction. He sought treatment at a hospital, but staff there failed to diagnose his condition. Eventually,...

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      $550,000

      Medical Negligence Lawyers in Brisbane & Queensland
      Medical Negligence

      Hospital compensates mother after failing to recognise signs of foetal distress

      Sarah lost oxygen to her brain during childbirth. Hospital staff had failed to recognise early signs of foetal distress and Sarah developed foetal hypoxia as a result....

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      $550,000

      Medical Negligence Lawyers in Brisbane & Queensland
      Medical Negligence

      After Nora’s husband died from bad medical advice, she successfully sued the hospital for her depression

      Nora's husband, Jason, tragically died after a routine colonoscopy. She experienced severe depression after his loss and could not work or care for herself. We helped Nora...

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