Personal Injury
Medical Negligence Lawyers

When a loved one dies as a result of medical negligence, there are two main types of claims that certain family members may be entitled to pursue:

• Compensation to Relatives Act Claim: For family members who were dependent on the deceased financially and by way of care and assistance/domestic support, and for funeral expenses
• Nervous Shock Claims: For family members who have developed a psychiatric illness as a result of their loved one’s death

Additionally, you may have legal rights and interests in relation to any Coronial Inquest that investigates the circumstances of the death.

Each type of claim has specific eligibility requirements and compensates for different types of loss. At Stacks Goudkamp, our experienced lawyers can guide you through these complex claims during what is undoubtedly a difficult time, ensuring your family’s legal rights are protected.

Compensation to Relatives claims can be made by close family members who were financially or support dependent on the deceased person, including:

• Spouses and de facto partners
• Children (including stepchildren in many cases)
• Parents
• Siblings in certain circumstances
• Other family members who can demonstrate dependency

It’s important to note that only one Compensation to Relatives claim can be brought on behalf of all eligible family members. This claim is typically, but not necessarily, brought by the executor or administrator of the deceased’s estate but entitlements are distributed as appropriate and with minors, approval by the Court is obtained.

The extent of dependency and relationship to the deceased will affect the compensation entitlements. At Stacks Goudkamp, we can advise on who should bring the claim and ensure all eligible family members are properly represented.

Compensation to Relatives claims focus on the financial and support losses suffered due to the death, including:

• Loss of financial support the deceased would have provided
• Loss of services the deceased would have provided (such as childcare, household maintenance, etc.)
• Funeral and burial expenses

The compensation aims to address the financial and non- financial impact of losing someone who provided support to their family members. The calculation considers factors such as the deceased’s age, earning capacity, life expectancy, contribution to the household and the nature of the dependency relationship.

At Stacks Goudkamp, we work with financial and other experts to accurately quantify these losses, ensuring your family receives appropriate compensation for both immediate and long-term financial impacts of your loss.

A Nervous Shock claim can be made by close family members and others who have developed a recognised psychiatric illness (not just grief) as a result of a loved one’s death due to medical negligence. Eligible claimants typically include:

• Immediate family members (spouses, parents, children, siblings)
• Those who witnessed the death or its immediate aftermath
• Those who witnessed the events leading to the circumstances of the death

To be eligible, you must have developed a diagnosed psychiatric condition such as:

• Post-traumatic stress disorder (PTSD)
• Major depressive disorder
• Adjustment disorder
• Anxiety disorder

Under NSW law, normal grief and sadness, while profound and painful, are not compensable without a formal psychiatric diagnosis. At Stacks Goudkamp, we work with experienced psychiatrists who can properly assess and document your condition to support your claim.

Nervous Shock claims provide compensation for the psychiatric injury itself and its consequences, including:

• Pain and suffering and loss of enjoyment of life
• Past and future treatment expenses for psychological care
• Past and future loss of income if your ability to work was affected
• Loss of superannuation
• Care and assistance you may require
• Medication costs related to your psychiatric condition
• Other expenses directly related to your psychiatric condition

Each eligible person who has developed a psychiatric illness may bring their own individual claim, as the impact varies for each person. At Stacks Goudkamp, we understand the profound psychological impact that losing a loved one to medical negligence can have and work to ensure this impact is properly recognised and compensated.

Coronial Inquests often intersect with medical negligence death claims in important ways:

• The Inquest investigates the circumstances and cause of death, potentially identifying negligence
• Findings may provide crucial evidence for subsequent compensation claims
• The process allows questioning of healthcare providers and provides an understanding of the inner workings of the health organisation
• Expert evidence presented at the Inquest can support later claims
• The Coroner may make recommendations to prevent similar deaths

Deaths that occur in healthcare settings or in unexpected circumstances are generally reportable to the Coroner in NSW.

Having legal representation during a Coronial Inquest can be important, as the findings can significantly impact your rights to compensation.

In NSW, strict time limits apply to death claims arising from medical negligence:

• Generally 3 years from the date of death
• There is a maximum long-stop limitation period of 12 years from the date of the negligent act

These time limits can be complex, especially in cases where the connection between the medical treatment and death wasn’t immediately apparent. Extensions are possible in limited circumstances.

We strongly recommend seeking legal advice as soon as possible after a death that may involve medical negligence. At Stacks Goudkamp, we can assess your specific situation and ensure claims are commenced within the required timeframes.

Proving that medical negligence caused a death requires establishing:

• The healthcare provider owed a duty of care
• This duty was breached through substandard care
• The breach directly caused or significantly contributed to the death
• The death resulted in compensable loss to family members

We gather evidence from various sources, including:

• Complete medical records
• Expert opinions from independent medical specialists
• Coronial findings and evidence if appropriate
• Witness statements from family members and healthcare providers
• Autopsy reports and other post-mortem examinations

Death claims often involve complex questions of causation – would the person have survived with proper care? At Stacks Goudkamp, we work with leading medical experts who can provide authoritative opinions on whether negligent care caused or contributed to the death.

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

• Whether a Coronial Inquest is involved (which may add 12-24 months)
• The complexity of the medical issues
• Whether liability is disputed
• The need for multiple expert opinions
• Court schedules if litigation is necessary

Death claims may involve additional complexity due to the need to substantiate financial dependency and to coordinate multiple family members’ interests.

At Stacks Goudkamp, we work efficiently to progress your claim while ensuring we never compromise on thoroughness or the compensation your family deserves. We keep you regularly updated on the progress and expected timeframes throughout the process.

At Stacks Goudkamp, in most cases, we handle medical negligence death 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 and Coronial Inquest representation
• 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 difficult time.

During your initial consultation, we’ll explain our fee structure clearly so you understand the process completely before proceeding. We understand that financial concerns should be the last thing on your mind after losing a loved one, and our fee arrangements reflect this understanding.