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.
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 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.
Surgical errors that can qualify for compensation include:
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:
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:
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:
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:
We gather evidence from various sources, including:
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:
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:
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:
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:
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:
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:
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.
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:
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.
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.
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.
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.
Here, we will explain the next steps and what it takes to achieve the best possible outcome.
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.
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 your local team for a free consultation to find out if you are eligible for compensation
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.- Andrew and Family