Personal Injury Lawyers
Medical Negligence Compensation Claims

You may have a medical negligence claim if a healthcare provider failed to meet the required standard of care and that failure caused you injury or loss. You do not need to know exactly who was legally at fault before speaking with a lawyer; investigating the circumstances, medical records and expert evidence is part of the legal assessment.

Most medical negligence are complicated. The way we determine whether someone is the victim of negligent medical treatment is by conducting a thorough investigation of the facts and medical procedures. The first step is to listen to you and obtain a detailed history of your situation and what happened to you.

Our lawyers for medical malpractice we then obtain, and carefully study the medical clinical records and any other relevant evidence we need to prove your case.

From there we engage a medical expert witness to comment on the issues required to prove that you were injured through medical negligence. We have access to the leading and most credible medical experts.

If our medical expert supports the claim we will try and settle your claim with the lawyers for the medical insurer. However, if a settlement is not achieved, we will commence a court case for you. There will then be ample opportunities to reach a settlement without having to go through a court hearing. 

 A medical negligence claim can be brought against:

• Doctors
• Public and Private Hospitals 
• Medical and Nursing Staff 
• Medical Specialists
• Anaesthetists
• Surgeons
• Radiologists
• Chiropractors
• Physiotherapists
• Osteopaths 
• Occupational therapists
• Podiatrists
• Dental Surgeons 

Medical negligence claims payouts NSW can be made against more than one person or entity if the personal injury or death was caused by the negligence of more than one health provider.

A medical negligence claim usually begins with an initial legal assessment, followed by the collection of medical records, independent expert review and negotiations with the healthcare provider’s insurer.

1. Initial consultation
   We listen to what happened, review the circumstances and discuss whether further investigation may be appropriate.
   
   
2. Medical records and evidence
   Relevant clinical records, statements and other evidence are gathered and reviewed.
   
   
3. Independent medical expert assessment
   An appropriate medical expert assesses whether the treatment met the required standard of care and whether any breach caused the injury or loss.
   
   
4. Negotiation or legal proceedings
   Where the evidence supports the claim, the matter may be negotiated with the insurer. Court proceedings may be required if an acceptable resolution cannot be reached.

Don’t go through this journey alone. Let Stacks Goudkamp’s no win no fee lawyers medical negligence be on your side.

Yes. Strict time limits apply to medical negligence claims in NSW. Generally, court proceedings must be commenced within three years from the date the claim became discoverable, subject to a 12-year long-stop period and limited exceptions.

A claim is discoverable by a person on the first date that the person making the claim knows, or ought to know, of each of the following fact: 

• The injury or death has occurred.
• The injury or death was caused by the fault of the defendant/s being sued.
• The injury caused is serious enough to justify bringing a claim. 

Medical negligence cases are not always discoverable at the time the negligence occurred as patients often are not advised by their treating doctors that they have been caused by an injury. The claimant may also not know what their prognosis is, and whether their injury is serious enough to justify the risk of bringing a claim.  

There are some circumstances in which a person can bring a claim for an injury which occurred more than 3 years ago. To determine whether this is possible requires a detailed understanding of your situation. Contact Stacks Goudkamp asap for an obligation-free discussion with one of our medical negligence lawyers.

Medical negligence claims often take several years because they can require extensive medical records, specialist expert evidence, assessment of long-term injuries and negotiations with insurers. In Stacks Goudkamp’s experience, many claims take approximately two to four years, although some may take longer depending on their complexity.

The main factors which impact how long a medical malpractice claim can take to finalise include:

• The age of the injured person.
• The time taken to access medical records.
• The complexity of the medical issues involved in the case.
• The availability of experts.
• How vigorously the claim is defended by the medical indemnity insurer.
• Court delays. 

If you or a loved one have suffered injuries and losses because of medical negligence, it’s natural to be concerned about the impact the compensation claim may have on the doctor or other healthcare provider. However, it’s essential to understand that medical negligence claims are not about the provider – they are about you or your loved one’s right to seek compensation for the harm caused. Furthermore, doctors and all health professionals are covered by medical negligence insurance.

Experiencing injury or the loss of a loved one due to a medical professional’s negligence can be life-altering and devastating.  Unfortunately, it often results in permanent pain and suffering, ongoing treatment expenses, requirement for care and loss of income. Bringing a medical negligence claim is about justice and securing your future financial security. 

While monetary compensation cannot undo the past, it can significantly help alleviate the financial burdens that often arise from such injuries. Pursuing a claim can provide the support needed to navigate these challenging times and ensure your financial security. 

 Remember, it’s your right to seek the compensation you deserve.

Stacks Goudkamp combines extensive personal injury experience with a dedicated medical negligence team, access to appropriate medical experts, a compassionate approach and No Win No Fee support for eligible claims, ensuring the best possible outcome.

 You will be supported throughout the entire legal process by our medical negligence lawyers. They listen and are very proactive. 

As we act on a “no win no fee” basis you won’t have to worry about paying legal fees – we are only paid if we successfully finalise your case. In that event the medical insurer will pay most of the legal costs. case.

Unlike some other law firms, Stacks Goudkamp don’t rely on litigation lenders to pay the disbursements e.g. for medical experts and reports. Litigation lenders often charge high interest rates and additional fees for medical expert reports and other costs.

You do not need to obtain every medical record before contacting a lawyer. Helpful information may include a timeline of what happened, the names of the healthcare providers involved, appointment or discharge documents, test results, correspondence, photographs, receipts and notes about how the injury has affected your work, care needs and daily life. Your lawyer can usually help obtain the complete clinical records required for the investigation.

Possibly. A known risk or complication does not automatically prevent a medical negligence claim. Relevant questions may include whether the risk was adequately explained, whether you would have proceeded if properly informed and whether the treatment itself met the required standard of care. Medical records and independent expert evidence are usually required to assess these issues.

Look for a lawyer with demonstrated experience handling complex medical negligence claims, access to appropriate medical experts and a clear approach to funding, legal costs and communication. You should also understand who will manage your claim, how progress will be explained and what support will be available throughout the process.

Medical negligence claims can involve periods of investigation while records and expert evidence are obtained. Your lawyer should explain the expected stages at the beginning of the claim and keep you informed when important evidence, negotiations or court developments occur. It is also helpful to confirm who your main contact will be and how updates will be provided.