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

Medical Negligence Compensation

Medical negligence is a highly complex area of law. To get the best result you need a specialised and experienced medical negligence lawyer who can fight for the compensation you deserve.

At Stacks Goudkamp, we are highly experienced medical negligence compensation lawyers. We have a proven track record of winning difficult cases and achieving the best possible results for our clients.

Our specialised medical negligence team has over 40 years’ experience in medical negligence compensation claims. We have achieved outstanding results for the thousands of clients we have acted for in respect of their medical malpractice claims.

Understanding Medical Negligence and Medical Malpractice Claims

If you are suffering because of an error by a doctor, nurse, dentist, physiotherapist or other medical professionals, you may be a victim of medical negligence. This is essentially when a lack of proper care has negatively impacted you as a patient. In this situation, you may be entitled to compensation.

You may also be the victim of medical negligence if you have been treated with a medical implant or device, such as a replacement joint or pacemaker, that is defective.

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 claims are not clear cut. The way we determine whether a person has a medical negligence claim is by conducting a thorough investigation. This investigation involves taking a detailed history from the person involved and any witnesses available. We then request a complete copy of their medical records. Once we have all the material we require, we analyse it carefully. We then qualify an independent like-trained expert to comment on whether they consider the standard of treatment and care provided to that person was acceptable.

If that expert is prepared to criticise the treatment or care as being below an acceptable standard, then it is only at that time that we can establish that a person actually has a medical negligence claim.

A medical negligence claim can be brought against any person or entity who has a duty of care in providing competent and reasonable medical treatment to a patient. Medical negligence claims are most commonly brought against public and private hospital medical and nursing staff, as well as specialist doctors. However, claims can also be brought against:
  • General Practitioners
  • Radiologists
  • Dental Professionals
  • Chiropractors and Osteopaths
  • Occupational Therapists
  • Facilities responsible for a person’s care such as a Correctional Centre
A claim can be made a against more than one person or entity should multiple medical professionals breach their duty of care towards a person.
Medical negligence is a complex and highly technical area of law, and making a medical negligence claim requires experienced and expert lawyers to assist you with the process.
In New South Wales, there is a time limit in which a person can bring a medical negligence claim. This time limit is 3 years from the date of discoverability, which is the first date a person ought to have known:
  • That an injury has occurred.
  • That the injury was caused by the fault of another person.
  • That the injury was sufficiently serious to justify bringing a claim.

As can be seen, there are some circumstances in which a person can bring a claim for an injury which occurred more than 3 years ago. However, to determine whether this is possible requires a detailed understanding of your situation to help us advise you further.

Every medical negligence claim is uniquie, and brings its own challenges with individual facts and issues. Therefore, there is no typical timeframe within which medical negligence claims may resolve. In our experience, medical negligence claims can take anywhere from 2 to 4 years to resolve. How long each claim takes to resolve depends on a lot of different factors, many of which are outside our control. The main factors which impact how long a medical negligence claim can take to resolve include:
  • 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 defendant lawyers.

Being injured as a result of a medical professional’s negligent treatment and care can be life changing. 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 your future financial security.

Although, compensation is unable to change what has happened to a victim of medical negligence, it can go a long way towards alleviating any financial stresses which people often find themselves in as a result of the injury they have suffered.

Stacks Goudkamp are highly experienced and specialised personal injury lawyers. Our medical negligence lawyers specialise only in medical negligence litigation. This means they are a dedicated expert in the area and can ensure you receive the very best outcome to which you are entitled.

MEET THE TEAM

Tom Goudkamp OAM

Managing Director
Tom is an Accredited Specialist in Personal Injury Law. He has had over 40 years of experience successfully acting for seriously injured accident victims.
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1800 251 800
tom@stacksgoudkamp.com.au
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alicia wong
alicia wong
alicia wong

Alicia Wong

Senior Associate
Alicia is an Accredited Specialist in personal injury law.  She can speak Chinese (Mandarin) to a basic, social level and
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1800 251 800
alicia@stacksgoudkamp.com.au
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puja payal
puja payal
puja payal

Puja Payal

Lawyer
Puja is a personal injury lawyer specialising in medical negligence under the mentorship of Alicia in her Practice Group.
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1800 25 1800
puja@stacksgoudkamp.com.au
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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).

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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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  • No Win No Fee
  • Over 40 Years Experience
  • 1000’s of Success Stories

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