Personal Injury
Anaesthetic Injuries Lawyers
Have you been the victim of negligent medical treatment? Our specialised and experienced medical negligence lawyers will fight for the compensation you deserve.
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Anaesthetic Injuries Compensation Claims
When you undergo surgery or medical procedures requiring anaesthesia, you trust anaesthetists to ensure your safety and comfort throughout the process. Anaesthetic injuries can have devastating consequences for your health and wellbeing, turning what should have been a routine procedure into a life-altering trauma.
Anaesthetic injuries can occur in many ways. These preventable complications include nerve injury from incorrect application of nerve blocks, brain damage or stroke from failure to appropriately monitor during surgery, injury or death from administering wrong anaesthetic drugs, anaesthetic overdose or underdose causing complications, and epidural or spinal anaesthesia complications including pain and paralysis. Even routine anaesthetic procedures can result in life-changing consequences when proper standards of care are not met.
Beyond the immediate physical harm, anaesthetic injuries often lead to post-traumatic stress disorder from anaesthetic awareness, permanent disability, ongoing medical treatments, chronic pain conditions, and significant financial strain through lost income and extensive rehabilitation expenses.
At Stacks Goudkamp, we understand the profound impact anaesthetic injuries can have on your life and mental wellbeing. Our medical negligence lawyers have extensive experience helping clients who have suffered from anaesthetic complications in securing the compensation they deserve and providing crucial financial support during an already challenging time.
If you have experienced complications during or after anaesthesia and suspect negligence played a role, our specialists can help determine if you have grounds for a successful claim.
Contact your local team for a personal consultation to find out if you are eligible to make a claim. Call 1800 950 378 or contact us today.
Understanding Anaesthetic Injury Claims
Every anaesthetic injury claim in NSW is different, and most cases involve complex medical and legal considerations that require specialised understanding of anaesthetic practices and protocols.
The starting point in understanding whether you may have an anaesthetic injury compensation claim is to contact Stacks Goudkamp to discuss your individual circumstances.
Anaesthetic injury claims are particularly challenging because they require establishing that complications resulted from negligent anaesthetic management rather than natural risks or patient-specific factors. These cases can be difficult to prove without proper and considered legal investigation that examines complete anaesthetic records, monitoring charts, drug administration records, and equipment maintenance records.
What makes these claims especially complex is that anaesthetic care involves sophisticated technical equipment and complex drug interactions that require specialised expertise to evaluate. Many patients feel vulnerable and confused when they discover their complications may have been preventable with appropriate anaesthetic management, particularly in cases of rare but traumatic anaesthetic awareness.
However, all anaesthetists and medical teams owe their patients a duty of care to provide competent anaesthetic management and to monitor patients appropriately throughout procedures. If they breach this duty through preventable errors or by failing to respond to complications promptly, you may be entitled to compensation for your injuries and losses. Medical professionals must carry professional negligence insurance which is activated through a claim.
Even if you experienced known anaesthetic risks or if your surgery was successful, you may still be entitled to compensation if complications resulted from negligent anaesthetic management rather than the inherent risks that were properly disclosed.
Why Choose Stacks Goudkamp For Your Anaesthetic Injury Claim?
Our medical negligence lawyers have more than 40 years of experience representing patients affected by anaesthetic injuries throughout NSW. We understand the unique challenges these cases present and the devastating impact that anaesthetic complications can have on your physical and psychological wellbeing and financial security.
We know that pursuing a claim for anaesthetic injuries, while dealing with the physical and emotional aftermath of complications, can feel overwhelming. Our compassionate team provides clear guidance through every step of the process, handling the complex legal aspects so you can focus on your recovery and rehabilitation.
Stacks Goudkamp has built an outstanding reputation in anaesthetic injury claims. We work closely with highly experienced anaesthetic experts who can precisely identify where anaesthetic care fell below acceptable standards. Our meticulous approach to gathering evidence and building compelling cases has resulted in numerous successful outcomes for our clients.
We understand that each anaesthetic injury case is unique and requires careful assessment of both technical anaesthetic issues and individual patient factors. Whatever the case, we tailor our approach to your specific circumstances and needs.
In most cases, we handle anaesthetic injury claims on a No Win, No Fee basis. We advance all expenses related to your claim, including costly expert anaesthetic reports and technical assessments, ensuring financial concerns do not prevent you from pursuing justice. Our transparent fee structure means you will understand the process completely before proceeding.
If you have suffered an anaesthetic injury, contact Stacks Goudkamp today for a free, no-obligation consultation. Our experienced anaesthetic injury lawyers will listen to your experience, provide an honest assessment of your case, and explain how we can help secure the compensation you deserve.
Nicole’s STORY
What was meant to be a routine hysterectomy for Nicole turned into years of operations, more than 100 hospital admissions, needing a permanent ileostomy bag to collect her faeces and being almost wheelchair bound. She went from being an assistant in nursing caring for others to having to accept that she needed to be cared for. Nicole was scared about bringing a medical negligence claim and that no one would believe her. Stacks Goudkamp had the privilege of helping Nicole and her husband through their journey. This is Nicole’s story.
Rosemarie's STORY
Rosemarie had problems following a hip replacement. Health professionals did not listen to her complaints. She felt vulnerable and scared. Finally, her sister-in-law took her to another surgeon and contacted Stacks Goudkamp.
Rosemarie was scared that no one would believe her, she was worried about how a medical negligence claim would affect the doctor. Rosemarie was worried about not being able to help her family. She was worried about everyone but herself despite being in chronic pain, unable to do basic activities.
We listened to Rosemarie and supported her through the journey of her successful medical negligence claim. This is Rosemarie’s story.
MAREE’S STORY
Maree lost one eye in a childhood accident. Despite this ‘handicap’ Maree enjoyed a full life. When she was in her 40s her GP referred her to an eye specialist. The eye specialist talked Maree into undergoing a corneal graft in her blind eye because he was very confident that he could restore her lost eye-sight. The eye specialist failed to warn Maree about the risk that the operation could result in losing vision in her good eye (Sympathetic Ophthalmia). This is Maree’s story.
Sam's STORY
Sam had symptoms of infection after a caesarean delivery which she reported to hospital staff before she was discharged home. Sam later developed sepsis requiring re-admission to hospital and further procedures. As many know, motherhood is rewarding but it can be scary and difficult. Despite her injuries, Sam found strength in her need to care for her newborn while overcoming the challenges of her medical predicament, caused through no fault of her own. Stacks Goudkamp feel privileged to have been part of Sam’s journey of healing through the legal process with the medical indemnity insurer. Watch Sam’s inspirational story.
FREQUENTLY ASKED QUESTIONS
Anaesthetic Injuries Compensation
Anaesthetic injuries that may qualify for compensation include:
- Nerve injury from incorrect application of a nerve block
- Brain damage or stroke from a failure to appropriately monitor during surgery
- Injury or death from administering the wrong anaesthetic drugs
- Anaesthetic overdose or underdose causing complications
- Equipment failures not properly monitored or managed
- Epidural or spinal anaesthesia complications including pain and paralysis
- Aspiration pneumonia due to inadequate fasting protocols or airway management
- Severe allergic reactions not properly managed
To establish a valid claim, you must prove that the anaesthetist or medical team breached their duty of care through substandard anaesthetic management, and that this breach caused your injury. At Stacks Goudkamp, our experienced medical negligence lawyers work with anaesthetic experts to carefully assess whether your injury resulted from preventable negligence.
Anaesthetic awareness, although rare, occurs when patients become conscious during general anaesthesia but cannot move or communicate due to muscle relaxants. This can be an extremely traumatic experience involving:
- Feeling pain during surgery while unable to respond
- Hearing conversations and surgical sounds
- Feeling helpless and panicked
- Experiencing the sensation of being cut or manipulated
- Developing post-traumatic stress disorder (PTSD) from the experience
Anaesthetic awareness may be compensable when it results from:
- Inadequate monitoring of anaesthetic depth
- Insufficient drug administration
- Different anaesthetic requirements for the patient
- Failure to respond to signs of inadequate anaesthesia
- Machine failure
- Inadequate pre-operative assessment leading to dosing errors
While some rare cases of awareness may be unavoidable, many cases involve failures in monitoring or anaesthetic management that constitute negligence.
At Stacks Goudkamp, we understand the profound psychological impact of anaesthetic awareness and work with both anaesthetic experts and psychiatrists to properly assess and value these claims.
Proving negligence in anaesthetic injury cases requires establishing:
- The anaesthetist or medical team owed you a duty of care
- This duty was breached through substandard anaesthetic management
- The breach caused your injury
- You suffered compensable harm as a result
We gather evidence from various sources, including:
- Complete anaesthetic records including monitoring charts and drug administration records
- Pre-operative assessment notes and medical history
- Equipment maintenance records
- Expert opinions from independent expert anaesthetists
- Post-operative recovery notes and complication records
- Hospital protocols for anaesthetic management
Anaesthetic cases often involve complex technical issues regarding drug interactions, monitoring equipment, and appropriate responses to complications. At Stacks Goudkamp, we work with highly experienced anaesthetic experts who can determine whether your care met appropriate professional standards.
Compensation for anaesthetic injuries typically covers:
For severe anaesthetic complications resulting in permanent brain damage or paralysis, compensation may be substantial to cover lifetime care needs.
The value of your claim depends on the severity of harm caused, its impact on your life and future, and your specific financial losses. At Stacks Goudkamp, our anaesthetic injury lawyers work with medical experts to ensure all current and future needs arising from your injury are properly quantified and included in your claim.
- Pain and suffering and loss of enjoyment of life
- Past and future medical expenses for treating complications
- Past and future loss of income if your ability to work was affected
- Loss of superannuation
- Care and assistance needs during recovery
- Psychological counselling for trauma-related conditions
- Rehabilitation and therapy costs
- Travel expenses related to medical treatment
- Home modifications if permanent disability resulted
For severe anaesthetic complications resulting in permanent brain damage or paralysis, compensation may be substantial to cover lifetime care needs.
The value of your claim depends on the severity of harm caused, its impact on your life and future, and your specific financial losses. At Stacks Goudkamp, our anaesthetic injury lawyers work with medical experts to ensure all current and future needs arising from your injury are properly quantified and included in your claim.
In NSW, strict time limits apply to medical negligence claims for anaesthetic injuries. Generally, you have:
It’s important to understand that “discovery” doesn’t simply mean when the anaesthetic was administered, but when you became aware of each of the following:
Some anaesthetic injuries may not become apparent immediately, particularly delayed-onset complications or psychological trauma that develops over time. We recommend seeking legal advice as soon as possible as exceptions may apply in certain circumstances. At Stacks Goudkamp, we can assess your specific situation and help determine the applicable time limits for your anaesthetic injury claim.
- 3 years from when you discovered the cause of action
- A maximum of 12 years from when the negligent anaesthetic care occurred, regardless of when you discovered the injury
It’s important to understand that “discovery” doesn’t simply mean when the anaesthetic was administered, but when you became aware of each of the following:
- You suffered an injury from the anaesthetic
- The injury was caused by the fault of the anaesthetist or medical team
- The injury was serious enough to justify making a claim
Some anaesthetic injuries may not become apparent immediately, particularly delayed-onset complications or psychological trauma that develops over time. We recommend seeking legal advice as soon as possible as exceptions may apply in certain circumstances. At Stacks Goudkamp, we can assess your specific situation and help determine the applicable time limits for your anaesthetic injury claim.
Various parties may be liable for anaesthetic injuries, including:
In complex cases, multiple parties may share responsibility. For example, both an anaesthetist who made dosing errors and a hospital that failed to maintain monitoring equipment properly may be found negligent.
At Stacks Goudkamp, we thoroughly investigate all potentially responsible parties to ensure your claim is comprehensive and properly directed, maximising your chances of fair compensation.
- Anaesthetists (specialist doctors responsible for anaesthetic care)
- Anaesthetic registrars or residents under supervision
- Anaesthetic nurses and technicians
- Hospitals (through vicarious liability for staff actions)
- Equipment manufacturers (if device failure contributed to injury)
- Other surgical team members who may have interfered with anaesthetic management
In complex cases, multiple parties may share responsibility. For example, both an anaesthetist who made dosing errors and a hospital that failed to maintain monitoring equipment properly may be found negligent.
At Stacks Goudkamp, we thoroughly investigate all potentially responsible parties to ensure your claim is comprehensive and properly directed, maximising your chances of fair compensation.
If you experienced complications during or after anaesthesia, taking these steps can help protect your health and potential claim:
Early documentation is particularly important in anaesthetic cases because detailed records of the anaesthetic management are crucial evidence. Don’t rely on others to preserve this information – request copies yourself.
At Stacks Goudkamp, we provide free, no-obligation assessments of anaesthetic injury cases and can advise on immediate steps to protect your legal rights.
- Seek immediate medical attention for any ongoing symptoms or concerns
- Request copies of all anaesthetic records and monitoring charts
- Document your symptoms and their impact on your daily activities
- Keep detailed records of all medical appointments and treatments
- If you experienced awareness, write down everything you remember as soon as possible
- Take photographs of any visible injuries if appropriate
- Contact Stacks Goudkamp for expert legal advice
Early documentation is particularly important in anaesthetic cases because detailed records of the anaesthetic management are crucial evidence. Don’t rely on others to preserve this information – request copies yourself.
At Stacks Goudkamp, we provide free, no-obligation assessments of anaesthetic injury cases and can advise on immediate steps to protect your legal rights.
Yes, you may have a valid claim for anaesthetic complications even if the surgery itself was successful. Anaesthetic care is a separate medical service with its own standards and potential liabilities.
You may have a claim if you suffered:
The success of the surgery doesn’t absolve the anaesthetic team from their duty to provide competent anaesthetic care. Each aspect of your medical treatment is assessed separately for potential negligence.
At Stacks Goudkamp, we understand that anaesthetic injuries can occur even during otherwise successful procedures and assess each case on its individual merits.
- Temporary or permanent injuries from the anaesthetic itself
- Psychological trauma from anaesthetic awareness
- Complications that prolonged your recovery
- Additional medical treatment needs due to anaesthetic errors
- Loss of income due to anaesthetic complications
The success of the surgery doesn’t absolve the anaesthetic team from their duty to provide competent anaesthetic care. Each aspect of your medical treatment is assessed separately for potential negligence.
At Stacks Goudkamp, we understand that anaesthetic injuries can occur even during otherwise successful procedures and assess each case on its individual merits.
Anaesthetic injury claims typically take between 18 months and 3 years to resolve, though this timeframe can vary based on:
Anaesthetic cases often involve complex technical evidence about drug interactions, monitoring protocols, and equipment function, which can extend the timeframe for gathering and analysing evidence.
At Stacks Goudkamp, we work efficiently to progress your claim while ensuring we never compromise on thoroughness or the compensation you deserve. We keep you regularly updated on progress and expected timeframes throughout the process.
- The complexity of the anaesthetic techniques and monitoring involved
- Whether liability is disputed by the medical team
- The severity of your injuries and their long-term implications
- The need for multiple expert opinions on anaesthetic management
- The time required to determine your long-term prognosis
- Court schedules if litigation becomes necessary
Anaesthetic cases often involve complex technical evidence about drug interactions, monitoring protocols, and equipment function, which can extend the timeframe for gathering and analysing evidence.
At Stacks Goudkamp, we work efficiently to progress your claim while ensuring we never compromise on thoroughness or the compensation you deserve. We keep you regularly updated on progress and expected timeframes throughout the process.
At Stacks Goudkamp, in most cases, we handle anaesthetic injury claims on a No Win, No Fee basis, meaning:
Unlike some firms, we don’t use litigation lenders who charge high interest rates for funding expert reports and other expenses. We cover these costs ourselves, ensuring you don’t face additional financial burdens during an already challenging time.
During your initial consultation, we’ll explain our fee structure clearly so you understand the process completely before proceeding.
- You pay no upfront legal costs
- We fund all expenses during your claim, including expert anaesthetic reports, which can be costly
- Legal fees to us are only payable if your claim is successful
- A percentage of your legal costs will be recovered from the insurer if your claim succeeds
Unlike some firms, we don’t use litigation lenders who charge high interest rates for funding expert reports and other expenses. We cover these costs ourselves, ensuring you don’t face additional financial burdens during an already challenging time.
During your initial consultation, we’ll explain our fee structure clearly so you understand the process completely before proceeding.
MEET THE TEAM
Tom Goudkamp OAM
Chairman
Tom is an Accredited Specialist in Personal Injury Law. He has had over 40 years of experience successfully acting for seriously injured accident victims.
Karina Goodall
Principal
Karina has been a pivotal part of the team since 2014. Leading one of the firm’s five practice groups, Karina has a broad and deep background in personal injury law, cultivated through nearly two decades of experience across various firms in Greater Sydney.
Sally Gleeson
General Counsel
Sally has over 25 years of experience in the field of personal injury law and has developed an extensive legal portfolio, having represented people from all walks of life.
WHAT CAN I CLAIM COMPENSATION FOR?
Being a victim of medical negligence can have a severe impact on your life and financial position. If you have been injured due to negligent medical treatment you may be entitled to claim compensation.
It is important to understand that compensation is awarded for the way you are worse off as a result of the medical negligence, and not just for the fact that negligence occurred. For this reason, Stacks Goudkamp will take the time to understand your circumstances before, and after the medical incident so that we can better craft your claim for compensation.
Once we truly understand your personal, family, and working circumstances we can maximise the compensation that you can claim under the various heads of damages that are available. In NSW damages for medical negligence claims are assessed under the Civil Liability Act 2002 (NSW).
These include allowances for actual losses, including both past and likely future losses.
Such as:
The Stacks Goudkamp way
We are dedicated and the leading No Win, No Fee personal injury lawyers in NSW. For over 40 years, Stacks Goudkamp has been helping injured Australians to receive the compensation they need and deserve.
We are dedicated and the leading No Win, No Fee personal injury lawyers in NSW. For
over 40 years, Stacks Goudkamp has been helping injured Australians to receive the
compensation they need and deserve.
Reach Out
Call or Email us to start the process and to receive expert legal advice for personal injury or compensation claims. Seek the professional support you deserve on (02) 4058 2715 or enquire online through our website.
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We are just a call or email away. Do not struggle with complex personal injury claims processes and in dealing with insurance companies on your own. We are here to listen and to help you to get the compensation you deserve.
Free Initial Consultation
We will not charge you for a comprehensive initial consultation where we will listen to your needs and provide you with free detailed advice. Compassion is what drives us. You can be sure that your questions will be answered.
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Here, we will explain the next steps and what it takes to achieve the best possible outcome.
No Win, No Fee
We will not require you to pay our legal fees, or any expenses (disbursements), unless we win your personal injury claim i.e you receive compensation. We know that being injured can result in terrible financial pressures.
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We pride ourselves on giving every injured Australian the peace of mind that we will look after them by acting on a no win no fee basis for their compensation claims.
CONTACT US
Contact your local team for a free consultation to find out if you are eligible for compensation
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Medical Negligence Lawyers
I could write a book as to how the last 4 years would have been different if not for Tom and his team.
The support, assistance, advice from the first conversation till even after the settlement was second to none from the team at Stacks Goudkamp.
Four years on and after many downs, my children and I have our lives back.
We are unable to THANK YOU enough, but know that you have changed our lives for the better in so many ways since the accident.
