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

STACKS GOUDKAMP Services

Medical Negligence

Medical Negligence Compensation

Compensation for Surgical Errors

If you need surgery, you are already suffering from a serious medical condition. On this background of a pre-existing health problem, if an error is made during your operation, the consequences are often devastating.

Surgical errors can take many forms. You may have a medical negligence claim if a mistake was made during your surgery such as a medical object being left inside you, or the wrong part of your body being operated on.

Other examples of medical negligence from surgical errors include the surgery failing because a procedure was performed incorrectly, or your doctors failing to properly explain the risks of the surgery to you and obtaining your informed consent.

After you have had surgery, if you were not provided with appropriate post operative care, for example you developed pressure sores or contracted an infection in hospital, you may also be entitled to compensation.

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

Understanding Medical Negligence Claims

Every medical negligence claim in NSW is different. Most cases are complex.

The starting point in understanding whether you not you may have a medical negligence compensation claim is to contact Stacks Goudkamp to discuss your individual circumstances.

Here is some information that will help you understand medical negligence.

Medical negligence is when a doctor or other health professional health breaches the duty of care owed to a patient which results in injury (or death). This can happen in many ways, for example:

  • By a medical procedure which the patient would not have undergone had he or she been properly informed of the risks of the procedure.
  • Mistakes made during surgery.
  • Birth trauma where babies are born with brain damage and other dreadful conditions due to negligent management of the pregnancy or delivery.
  • Failures to refer patients to appropriate specialists.
  • Misdiagnosis.
  • Negligent medication prescriptions and advice, eg wrongful prescriptions of oxycodone and other opioids causing addiction.
  • Delays in diagnosing serious illnesses and delaying treatment.
  • Miss-interpreting radiological scans.

Even if you have suffered a known complication of a medical procedure, you may be entitled to a medical negligence payout.

Medical negligence also includes wrongful birth claims for children are born with disabilities where the parent was negligently deprived of the opportunity to terminate the pregnancy. Eg. failing to inform of the risks of the child being born with severe disabilities causing lifelong suffering to the child and necessitating expensive medical and care needs associated with their child’s impairments.


What Medical Negligence Compensation Includes

Successful medical negligence claims end with the payment of a tax-free once and for all lump sum of money for such items as: 

  • Pain and suffering.
  • Treatment and out-of-pocket expenses.
  • Past and future loss of earnings and loss of earning capacity
  • Past and future loss of superannuation.
  • Past and future domestic assistance, ie care.
  • Household modification costs.
  • Financial management costs. Ie funds management
  • Legal costs payable by the medical negligence insurer.

Medical Negligence No Win No Fee Lawyers

The facts of every medical negligence claim are different. The best way to understand if you are entitled to a medical negligence payout is to contact Stacks Goudkamp for an obligation-free consultation with our experienced medical negligence solicitors.

Stacks Goudkamp acts for clients in medical negligence claims on a no win no fee basis. We want you to feel at ease throughout the claims process, knowing that you won’t be burdened with additional financial stress by having to pay for the cost of obtaining your records, expert reports and costs associated with court proceedings and to have to pay us if your claim is not successfully finalised.

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

MEDICAL NEGLIGENCE COMPENSATION CLAIMS

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.

Medical negligence law is complex and highly technical.

The claims journey begins with an initial consultation with our experienced medical negligence solicitors. During this consultation, we’ll listen carefully to your story and assess the circumstances surrounding the incident. Understanding the details of your case allows us to determine the merits of your claim and your potential entitlements to a compensation payout.

Making a medical negligence claim requires experienced lawyers to assist you with the process. Our team of experts will meticulously gather medical records, expert opinions, witness statements, and any other pertinent information to support your case.

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

Yes!  In New South Wales, there is a time limit in which a person can bring a medical negligence claim. If the negligence occurred on or after 6 December 2002 the time limit to start a court case is the earlier of either 3 years from the date of discoverability or 12 years from the negligence, whichever date expires first. 

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.

Every medical negligence claim is unique and brings its own challenges with individual facts and issues. 

There is no typical timeframe within which medical negligence claims may be finalised.

In our experience, medical negligence compensation claims usually take between 2 to 4 years.

However, some claims take a lot longer eg where the injured person was a child when injured, or a baby in birth trauma cases. In such cases it is often sensible/essential to wait many years to see how the injuries impact on the child’s life and employability.

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.

The brilliant medical negligence lawyers at Stacks Goudkamp are highly experienced in personal injury law, particularly medical negligence cases. Our dedicated team of medical negligence lawyers is focused on ensuring the best possible outcome of claims.

 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.

MEET THE TEAM

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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Such as:

Non-economic loss – also known as pain and suffering
Loss of income including superannuation
Out of pocket expenses, such as treatment expenses, travel expenses, medical expenses
Domestic care and assistance

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.

- Andrew and Family
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