Personal Injury
Medical Negligence Lawyers

Medical malpractice that can qualify for compensation includes:

• Failure to obtain informed consent before treatment
• Errors made during surgical procedures
• Performing the wrong surgical procedure or providing the wrong treatment for a condition
• Improper post-operative care and treatment
• Failure to recognise or treat post-surgical complications
• Failure to monitor and act on a patient’s condition
• Failure to refer a patient on
• Premature discharge from doctor or hospital care
• Failure to treat and diagnose a condition in time or at all
• Medication errors, including incorrect prescriptions or dosages

To establish a valid medical malpractice claim, you must prove that the healthcare provider breached their duty of care by providing treatment that fell below the appropriate standard, and that this breach caused you harm. At Stacks Goudkamp, our experienced medical negligence lawyers carefully assess each case to determine whether the care provided constitutes malpractice under Australian law.

Medical malpractice is a term that encompasses various forms of negligent medical care. While all medical malpractice is a form of medical negligence, there are distinctions:

• Medical malpractice often involves active mistakes in treatment or care
• Misdiagnosis typically involves errors in the diagnostic process
• Delayed diagnosis focuses specifically on timing issues and the differences in outcomes
• Informed consent claims relate to inadequate disclosure of risks

Medical malpractice claims generally focus on the quality and appropriateness of the medical care provided, rather than diagnostic errors or delays. These claims often involve situations where the treatment was performed incorrectly or inappropriately.

At Stacks Goudkamp, we have expertise across all areas of medical negligence and can determine the appropriate legal approach for your specific circumstances.

Proving negligence in medical malpractice cases requires establishing:

• The healthcare provider 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 treatment notes
• Expert opinions from independent medical specialists
• Medical literature on standard procedures and protocols
• Witness statements from other healthcare providers
• Physical evidence such as medical devices or medication
• Your own statement about the treatment and its effects

At Stacks Goudkamp, we have over 40 years of experience in medical negligence claims and access to highly regarded medical experts who can determine whether your treatment met the appropriate standard of care expected in Australian medical practice.

Compensation for medical malpractice typically covers:

• Pain and suffering and loss of enjoyment of life
• Past and future medical expenses, including corrective treatment
• 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 harm caused by the malpractice, its impact on your life, and your specific financial losses. At Stacks Goudkamp, our medical malpractice lawyers work with medical experts and financial advisors to ensure all current and future needs are properly quantified and included in your claim.

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

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

It’s important to understand that “discovery” doesn’t simply mean when the treatment 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

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 medical malpractice claim.

Yes, you may still have a valid claim even if you signed a consent form. Consent forms do not absolve healthcare providers from their duty to provide competent care or from committing errors that would have been avoided through the application of reasonable care and skill. You can still claim if:

• The treatment provided fell below the accepted standard of care, regardless of consent
• You were not properly informed about material risks (lack of informed consent)
• The procedure performed went beyond what you consented to
• The treatment caused harm in a way that was not related to the disclosed risks

For example, if you consented to a surgical procedure but the surgeon used improper technique causing avoidable injury, you could have a valid claim despite having signed a consent form.

At Stacks Goudkamp, we carefully assess both the quality of care provided and the adequacy of the consent process to determine the strength of your medical malpractice claim.

Various parties can be held liable in a medical malpractice case, including:

• Individual doctors, surgeons, or specialists
• Nurses and other healthcare providers
• Hospitals (public or private)
• Medical clinics and practices
• Healthcare facilities
• Pharmaceutical companies (in some medication error cases)
• Medical device manufacturers (in some cases)

Often, multiple parties may share liability for malpractice. For example, both an individual surgeon who made an error and the hospital that failed to apply proper standards and protocols 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.

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

• The complexity of the medical issues 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.

At Stacks Goudkamp, in most cases, we handle medical malpractice 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 harmed by medical malpractice, taking these steps can help protect your health and potential claim:

1. Seek immediate medical attention from a different healthcare provider to address any ongoing health concerns
2. Request and secure copies of all relevant medical records
3. Document your symptoms, complications, and their impact on your daily life
4. Take photographs of visible injuries if appropriate
5. Keep a journal of medical appointments, treatments, and expenses
6. Make notes about conversations with healthcare providers
7. 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 medical malpractice lawyers will provide a free, no-obligation assessment of your case and clear guidance on your options moving forward.