Have you been the victim of negligent medical treatment? Our specialised and experienced medical negligence lawyers will fight for the compensation you deserve.

Surgical Errors Compensation Claims

If you require surgery, you are already suffering from a medical condition. Against this background of existing health concerns, a surgical error can have devastating consequences for both your recovery and long-term wellbeing.

Surgical errors can occur in many ways. These preventable mistakes are usually specific intraoperative errors. Even routine procedures can result in life-changing complications when proper standards of care are not in met.

Beyond the physical trauma, surgical errors often lead to additional surgeries, extended recovery periods, permanent disability, and significant financial strain through lost income and ongoing medical expenses.

At Stacks Goudkamp, we understand the profound impact surgical errors can have on your life. Our medical negligence lawyers have extensive experience with helping clients who have suffered from surgical mistakes in securing the compensation they deserve and providing crucial financial support during an already challenging time.

If you have experienced complications following surgery and suspect negligence played a role, our specialists can help determine if you have grounds for a successful claim.

To read some examples of our successful surgical error claims, visit our case studies page.

Understanding Surgical Error Claims

Every surgical error claim in NSW is different, and most cases involve complex medical and legal considerations.

The starting point in understanding whether you may have a surgical error compensation claim is to contact Stacks Goudkamp to discuss your individual circumstances.

Surgical error claims are particularly challenging because, unlike other medical negligence cases, it is not known, other than by the surgeons, what exactly happened during the operation. Surgical mistakes can be difficult to pinpoint without proper and considered legal investigation.

What makes these claims especially daunting is that they involve bringing a claim against medical professionals who you trusted with your care. Many patients feel a sense of betrayal when they discover their surgeon might have made a preventable error.

However, all surgeons and healthcare professionals owe their patients a duty of care during surgical procedures. If they breach this duty through preventable mistakes or by failing to properly warn of material risks, you may be entitled to compensation for your injuries and losses.  A medical professional must carry professional negligence insurance which is activated through a claim.

Even if you experienced a known complication of a surgical procedure, you may still be entitled to compensation if you were not properly informed of material risks before consenting to treatment.

Why Choose Stacks Goudkamp For Your Surgical Error Claim?

Our medical negligence lawyers have more than 40 years of experience representing patients affected by surgical errors throughout NSW. We understand the unique challenges these cases present and the devastating impact that surgical mistakes can have on your health, wellbeing, and financial security.

We know that pursuing a claim, while dealing with the physical and emotional aftermath of a surgical error, 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.

Stacks Goudkamp has built an outstanding reputation in surgical error claims. We work closely with leading medical experts who can precisely identify where surgical 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 surgical error case is unique. Whatever the case, we tailor our approach to your specific circumstances and needs.

In most cases, we handle surgical error claims on a No Win, No Fee basis. We advance all expenses related to your claim, including costly specialist medical reports, 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 or a loved one has suffered due to a surgical error, contact Stacks Goudkamp today for a free, no-obligation consultation. Our experienced surgical error 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

SURGICAL ERRORS COMPENSATION CLAIMS

Surgical errors that can qualify for compensation include:

  • Operating on the wrong body part or wrong side
  • Performing the procedure incorrectly
  • Damaging organs, nerves, or blood vessels during surgery
  • Leaving surgical instruments or materials inside the body
  • Anaesthesia errors causing harm
  • Post-surgical infections due to inadequate sterilisation
  • Negligent post-operative care

To establish a valid claim, you must prove that the surgeon or medical team breached their duty of care, causing you harm that would have been avoided with reasonable care and skill. At Stacks Goudkamp, our experienced surgical error lawyers carefully assess each case to determine whether the error falls below the appropriate standard of medical practice.

In NSW, strict time limits apply to medical negligence claims, including surgical errors. Generally, you have:

  • 3 years from when you discovered the cause of action
  • A maximum of 12 years from when the negligent surgery that caused the injury occurred, regardless of when you discovered the injury

It’s important to understand that “discovery” doesn’t simply mean when the error occurred, but when you became aware of each of the following:

  • You suffered an injury
  • The injury was caused by the fault of the medical professional
  • The injury was serious enough to justify making a claim

Surgical errors are sometimes not immediately apparent, particularly if you were not informed by your treating doctors. 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.

Compensation for surgical errors typically covers:

  • Pain and suffering and loss of enjoyment of life
  • Past and future medical expenses, including corrective surgeries
  • Past and future loss of income and earning capacity
  • Loss of superannuation
  • Care and assistance needs, both paid and unpaid
  • Home and vehicle modifications if required
  • Medication and aids and equipment
  • Travel expenses related to medical treatment

The value of your claim will depend on the severity of your injury, its impact on your life, and your specific financial losses. At Stacks Goudkamp, our surgical error lawyers work with medical experts and financial advisors to ensure all current and future needs are properly quantified and included in your claim.

Proving negligence in surgical error cases requires establishing:

  • The surgeon owed you a duty of care
  • This duty was breached due to unreasonable treatment
  • The breach caused your injury
  • You suffered an injury that qualifies for compensation


We gather evidence from various sources, including:

  • Medical records and surgical notes
  • Expert opinions from independent specialist surgeons
  • Witness statements from other medical staff present
  • Medical imaging and test results
  • Your own statement about the events


At Stacks Goudkamp, we have over 40 years of experience in medical negligence claims and access to highly regarded medical experts who can analyse complex surgical procedures and identify where negligence occurred.

While some surgical error claims do proceed to Court, many are resolved through negotiation and settlement before reaching a final hearing. The process typically involves:

  • Gathering evidence and expert opinions
  • Preparing and serving a formal claim
  • Participating in settlement conferences
  • Mediation with the medical indemnity insurer


Our experience shows that approximately 90% of medical negligence claims settle without requiring a Court hearing. However, if the insurer disputes liability or offers inadequate compensation, we are fully prepared to represent you in Court to achieve a just outcome.


At Stacks Goudkamp, we handle all aspects of the legal process, keeping you informed at each stage while minimising stress during your recovery.

Surgical error claims typically take between 18 months and 3 years to resolve, though this timeframe can vary based on:

  • The complexity of the surgical procedure involved
  • Whether liability is disputed
  • The severity of your injuries
  • The time needed to determine your long-term prognosis
  • The need for multiple expert opinions
  • Court schedules if litigation is necessary


Some particularly complex cases or those involving catastrophic injuries may take longer, especially if we need to wait to fully understand the long-term implications of your injury.


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 the progress and expected timeframes throughout the process.

Yes, you may still be eligible to claim compensation even if you were informed of risks, in two key circumstances:

  1. If the surgical error goes beyond the recognised risks and complications and represents a breach of the duty of care owed to you. Being warned about risks does not give medical professionals permission to operate negligently.
  2. If you weren’t properly informed about significant risks that would have affected your decision to proceed with the surgery. This is called “failure to obtain informed consent.”


For example, if you consented to surgery after being told there was a small risk of infection, but the surgeon made a clear error by damaging an organ, you likely have a valid claim.


At Stacks Goudkamp, we carefully assess the nature of the surgical error, the information provided to you before the procedure, and whether proper consent was obtained.

Claims for surgical errors in public hospitals follow a slightly different process, but compensation is still available. When pursuing a claim against a public hospital:

  • The claim is usually made against the Local Health District rather than individual doctors
  • The NSW Treasury Managed Fund typically handles the claim
  • The same principles of proving negligence still apply
  • You’re entitled to the same categories of compensation


Public hospital claims can involve additional considerations regarding systemic issues such as staffing levels, equipment availability, and hospital policies however this does not absolve the public hospital from acting appropriately.


At Stacks Goudkamp, we have extensive experience with claims against both public and private healthcare providers and understand the nuances of each category of claim.

At Stacks Goudkamp, in most cases, we handle surgical error claims on a No Win, No Fee basis, meaning:

  • You pay no upfront legal costs
  • We fund all expenses during your claim, including expert medical 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 medical 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.

If you suspect you’ve been injured due to a surgical error, taking these steps can help protect your health and potential claim:

  1. Seek immediate medical attention from an independent practitioner to assess and treat your condition
  2. Request and keep copies of all medical records related to the original surgery and subsequent treatment
  3. Document your symptoms, complications, and their impact on your daily life
  4. Take photographs of visible injuries or complications if appropriate
  5. Make notes about conversations with healthcare providers regarding the error
  6. Contact Stacks Goudkamp for expert legal advice as soon as possible


Early legal advice is crucial as it allows us to secure important evidence and ensure time limitations don’t affect your claim. Our experienced surgical error lawyers will provide a free, no-obligation assessment of your case and clear guidance on your options moving forward.

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.

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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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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.

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