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

Medication Errors Compensation Claims

When you receive medical treatment, you trust healthcare providers to prescribe, dispense, and administer medications safely and appropriately. Medication errors can have devastating consequences for your health and wellbeing, turning what should have been beneficial treatment into a source of serious harm.

Medication errors can occur in many ways. These preventable mistakes include prescribing medication that is detrimental to your condition, incorrect dosages that are too high or too low, failure to check for drug allergies or interactions before prescribing, dispensing errors by pharmacists giving wrong medications, and administration errors in hospitals. Even routine medication management can result in life-changing consequences when proper standards of care are not met.

Beyond the immediate physical harm, medication errors often lead to organ damage from toxic doses, catastrophic injury due to being deprived of life-saving medication, worsening of underlying medical conditions, permanent disability from severe adverse drug reactions, and significant financial strain through lost income and extensive medical expenses.

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

If you have experienced harm from medication errors and suspect negligence played a role, our specialists can help determine if you have grounds for a successful claim.

Contact your local team for a personal consultation to find out if you are eligible to make a claim. Call 1800 950 378 or contact us today.

Understanding Medication Error Claims

Every medication error claim in NSW is different, and most cases involve complex medical and legal considerations that require specialised understanding of pharmaceutical practices and medication management protocols.

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

Medication error claims are particularly challenging because they often involve multiple parties in the medication process, including GPs, specialists, pharmacists, nurses, and hospitals. These cases can be difficult to prove without proper and considered legal investigation that examines complete medical records, prescription histories, pharmacy dispensing records, and detailed analysis of appropriate prescribing practices.

What makes these claims especially complex is that medication errors can involve complex issues about drug interactions, monitoring requirements, and whether healthcare providers followed proper protocols for checking allergies and contraindications. Many patients feel confused and vulnerable when they discover their complications resulted from preventable medication management failures.

However, all healthcare providers in the medication chain owe their patients a duty of care to provide competent medication management. If they breach this duty through preventable errors or by failing to follow established protocols, you may be entitled to compensation for your injuries and losses. Medical professionals must carry professional negligence insurance which is activated through a claim.

Why Choose Stacks Goudkamp For Your Medication Error Claim?

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

We know that pursuing a claim for medication errors, while dealing with the physical and emotional aftermath of complications, 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 and treatment.

Stacks Goudkamp has built an outstanding reputation in medication error claims. We work closely with highly qualified pharmaceutical experts who can precisely identify where medication management fell below acceptable standards and determine whether your care met appropriate professional standards. Our meticulous approach to gathering evidence and building compelling cases has resulted in numerous successful outcomes for our clients.

We understand that each medication error case is unique and requires careful assessment of prescribing practices, drug interactions, and monitoring requirements across multiple healthcare providers. Whatever the case, we tailor our approach to your specific circumstances and needs.

In most cases, we handle medication error claims on a No Win, No Fee basis. We advance all expenses related to your claim, including costly expert pharmaceutical reports and specialist medical opinions, 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 have suffered from medication errors, contact Stacks Goudkamp today for a free, no-obligation consultation. Our experienced medication 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

MEDICATION ERRORS COMPENSATION

Medication errors that may qualify for compensation include:
  • Prescribing medication that is detrimental to your condition
  • Incorrect dosages that are too high or too low
  • Failure to check for drug allergies/interactions before prescribing
  • Dispensing errors by pharmacists giving wrong medications
  • Administration errors in hospitals
  • Failure to monitor for serious side effects
  • Continuing medications despite adverse reactions

To establish a valid claim, you must prove that the healthcare provider breached their duty of care through substandard medication management, and that this breach caused you harm. At Stacks Goudkamp, our experienced medical negligence lawyers work with pharmaceutical experts to carefully assess whether medication errors in your care constituted negligence.

Various healthcare providers may be liable for medication errors, including:

  • GP’s who prescribe medications inappropriately
  • Specialists who fail to consider drug interactions with existing medications
  • Pharmacists who dispense incorrect medications or provide inadequate counselling
  • Nurses who administer medications incorrectly in hospitals
  • Hospitals through vicarious liability for staff errors
  • Aged care facilities and their medication management systems
  • Pharmaceutical companies (in cases of inadequate warnings or defective products)


Medication errors can often involve multiple parties in the medication process. For example, a doctor might prescribe an inappropriate dose, and a pharmacist might fail to catch the error before dispensing.

At Stacks Goudkamp, we thoroughly investigate all potentially responsible parties in the medication chain to ensure your claim is comprehensive and properly directed.

Proving negligence in medication error cases requires establishing:
  • The healthcare provider owed you a duty of care
  • This duty was breached through substandard medication management
  • The breach caused your injury or harm
  • You suffered compensable damages as a result

We gather evidence from various sources, including:
  • Complete medical records and prescription histories
  • Pharmacy dispensing records and counselling documentation
  • Hospital medication administration records
  • Evidence of allergy alerts and warnings ignored
  • Expert opinions from independent pharmacologists and relevant medical specialists
  • Medical literature on appropriate prescribing practices
  • Drug interaction databases and reference materials
  • Witness statements from healthcare providers involved

Medication error cases often involve complex issues about appropriate prescribing practices, drug interactions, and monitoring requirements. At Stacks Goudkamp, we work with highly qualified pharmaceutical experts who can determine whether your medication management met appropriate professional standards.

Medication errors can cause various types of harm, including:

  • Organ damage (kidney, liver, heart) from toxic doses or inappropriate medications
  • Catastrophic injury due to being deprived of life saving medication
  • Worsening of your underlying medical condition due to ineffective treatment
  • Medical conditions caused by inappropriate medications
  • Permanent disability from severe adverse drug reactions
  • Psychological trauma from serious medication reactions
  • Death in the most severe cases


The severity of harm depends on factors such as the type of medication error, your underlying health conditions, and how quickly the error was identified and corrected.

At Stacks Goudkamp, we understand that medication errors can have profound and lasting impacts on your health and quality of life, and we work to ensure all consequences are properly recognised in your compensation claim.

Compensation for medication errors typically covers:
  • Pain and suffering and loss of enjoyment of life
  • Past and future medical expenses for treating complications
  • Past and future loss of income if your ability to work was affected
  • Loss of superannuation
  • Care and assistance needs during recovery
  • Rehabilitation and therapy costs
  • Travel expenses related to medical treatment
  • Home modifications if permanent disability resulted
  • Psychological counselling if trauma resulted from the error

The value of your claim depends on the severity of harm caused by the medication error, its impact on your life and future health, and your specific financial losses. At Stacks Goudkamp, our medication error lawyers work with medical experts to ensure all current and future needs arising from the medication error are properly quantified and included in your claim.
In NSW, strict time limits apply to medical negligence claims for medication errors. Generally, you have:
  • 3 years from when you discovered the cause of action
  • A maximum of 12 years from when the negligent medication error occurred, regardless of when you discovered the injury

It’s important to understand that “discovery” doesn’t simply mean when the medication was prescribed or taken, but when you became aware of each of the following:
  • You suffered an injury from the medication error
  • The injury was caused by the fault of the healthcare provider
  • The injury was serious enough to justify making a claim

Some medication-related injuries may not become apparent immediately, particularly those involving gradual organ damage or long-term effects. 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 medication error claim.
Even if you didn’t follow medication instructions perfectly, you may still have a valid claim if the healthcare provider was negligent. The law recognises that:
  • Patients may forget or misunderstand medication instructions
  • Healthcare providers must give clear, comprehensible instructions
  • Important warnings must be emphasised and documented
  • Providers should check patient understanding of medication regimens
  • Follow-up should be arranged for complex medication regimens

However, your compensation may be reduced if your actions contributed to the harm. This is called “contributory negligence.” Examples might include:
  • Taking medications with alcohol when specifically warned not to
  • Accidentally taking incorrect doses
  • Failing to inform providers about other medications when directly asked
  • Not attending required monitoring appointments without valid reason

The key issue is whether the healthcare provider’s negligence was the primary cause of your injury, regardless of any contributory factors. At Stacks Goudkamp, we assess each case individually and can advise on how any contributory factors might affect your claim.
Yes, you can claim for medication errors that occur in hospitals. Hospital medication errors may involve:
  • Incorrect transcription of medication orders
  • Administration of medications to the wrong patient
  • Wrong route of administration (e.g., intravenous instead of oral)
  • Incorrect timing of medication doses
  • Failure to monitor for side effects in hospital patients
  • Medication errors on discharge
  • Failure to reconcile medications when transferring between hospital units

Hospital medication errors can be particularly serious because:
  • Patients are often receiving multiple medications
  • Patients may be unable to advocate for themselves due to illness
  • Complex medication regimens increase error opportunities

Claims against public hospitals are typically made against the Local Health District rather than individual staff members, and are handled by the NSW Treasury Managed Fund. At Stacks Goudkamp, we have extensive experience with medication error claims against both public and private hospitals and understand the unique challenges involved in hospital-based medication errors.

If you suspect you’ve been harmed by a medication error, taking these steps can help protect your health and potential claim:

  1. Seek immediate medical attention for any serious symptoms or reactions
  2. Collect all medications, including packaging and labels
  3. Request copies of all prescription records and medication administration charts
  4. Document your symptoms and their timeline in detail
  5. Take photographs of any visible reactions (rashes, swelling, etc.)
  6. Keep records of all medical appointments and treatments for the complications
  7. Report the error to the relevant healthcare provider or facility
  8. Contact Stacks Goudkamp for expert legal advice


Don’t stop taking prescribed medications without medical advice, even if you suspect an error. Instead, contact your healthcare provider immediately to discuss your concerns.

Early documentation is crucial in medication error cases because detailed records of what was prescribed, dispensed, and taken are essential evidence.

At Stacks Goudkamp, we provide free, no-obligation assessments of medication error cases and can advise on immediate steps to protect your legal rights.

Medication error claims typically take between 18 months and 3 years to resolve, though this timeframe can vary based on:
  • The complexity of the medication regimen and error involved
  • Whether liability is disputed by the healthcare providers
  • The severity of your injuries and their long-term implications
  • The need for expert opinions on pharmaceutical standards
  • The time required to determine your long-term prognosis
  • Court schedules if litigation becomes necessary

Medication error cases often require detailed analysis of prescribing practices, drug interactions, and pharmaceutical standards, which can affect the timeline for resolution. 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 progress and expected timeframes throughout the process.

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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