Compensation Claim Arising from Psychiatrist Misconduct
Our client brought a compensation claim against her psychiatrist after suffering significant psychiatric injury caused by serious professional boundary violations and misconduct.
The case arose from appalling conduct by a medical practitioner who fundamentally betrayed the trust placed in him by a vulnerable patient under his care. Our client was one of a number of psychiatric patients affected by the psychiatrist’s actions.
Psychiatrist Convicted of Serious Criminal Offences
Liability was never seriously disputed. The psychiatrist was convicted of serious criminal offences and sentenced to imprisonment, providing compelling evidence in support of our client’s claim.
The criminal proceedings highlighted the seriousness of the misconduct and reinforced the psychiatrist’s responsibility for the psychological harm suffered by his patients.
Successful Out-of-Court Settlement
Stacks Goudkamp pursued compensation on our client’s behalf for the psychiatric injury caused by the psychiatrist’s misconduct.
Given the strength of the evidence, we were able to resolve the matter without the need for lengthy court proceedings. The claim was successfully settled on an out-of-court basis, with the settlement including a favourable contribution towards our client’s legal costs from the insurer.
Holding Medical Practitioners Accountable
This case demonstrates the devastating impact that professional misconduct can have on vulnerable patients and the importance of holding medical practitioners accountable when they abuse their position of trust.
It also highlights that patients who suffer recognised psychological injuries as a result of inappropriate conduct by healthcare professionals may be entitled to substantial compensation.
Our client, who was approaching retirement, underwent what should have been a routine colonoscopy. Unfortunately, the procedure resulted in a serious and avoidable medical error when a foreign object was left in his stomach.
The incident caused significant pain, ongoing symptoms, and considerable disruption to his daily life. It also resulted in a substantial reduction in his quality of life and prevented him from working for a period of time, leading to significant lost income.
Strong Evidence of Hospital Negligence
Stacks Goudkamp acted on behalf of our client in pursuing a medical negligence claim against the hospital responsible for his care.
We considered the claim to be exceptionally strong. The fact that a foreign object was left in our client’s stomach following the procedure was compelling evidence of a breach of the duty of care owed to him. The hospital was vicariously liable for the negligence of the medical staff involved in the procedure.
Our team worked closely with medical experts and gathered the evidence required to support every aspect of the claim, including the impact on our client’s health, wellbeing, and financial circumstances.
Court Proceedings and Mediation
Although court proceedings were necessary to protect our client’s interests, it was always anticipated that the claim had strong prospects of resolving through negotiation once all relevant evidence had been obtained.
As the matter progressed, the Court directed the parties to participate in a mediation to explore settlement opportunities.
Excellent Compensation Outcome
At the court-ordered mediation, Stacks Goudkamp successfully negotiated a very substantial settlement for our client.
The compensation reflected the pain and suffering he endured, the ongoing effects of the medical error, and the income he lost while unable to work. As is generally the case with personal injury damages, the settlement was received tax-free.
Most importantly, the resolution allowed our client to avoid the uncertainty, costs, and emotional strain that can accompany a lengthy court trial.
Achieving the Best Possible Outcome for Our Client
This case highlights the importance of thoroughly investigating medical negligence claims, obtaining strong supporting evidence, and pursuing strategic settlement negotiations when appropriate.
Through careful preparation and experienced representation, Stacks Goudkamp secured an outstanding result that provided our client with financial security and closure following a life-changing medical mistake.
Stacks Goudkamp successfully represented a female client in a cosmetic surgery negligence claim after she suffered harm as a result of botched cosmetic surgery.
Following a thorough assessment of the circumstances surrounding the procedure, it became clear that the cosmetic surgeon’s negligence had caused our client significant injury and loss, giving rise to a strong medical negligence claim.
Strong Evidence of Negligence from an Early Stage
One of the key factors contributing to the successful outcome was the strength of the liability evidence available from the outset.
The evidence supporting our client’s claim clearly established negligence on the part of the cosmetic surgeon, allowing our team to pursue compensation without the need for extensive expert medical evidence. This streamlined approach reduced costs and enabled the matter to progress efficiently.
Strategic Settlement Approach Avoided Court Proceedings
Given the strength of the claim, Stacks Goudkamp adopted a pragmatic strategy focused on achieving an early resolution.
Rather than commencing lengthy and costly court proceedings, we engaged directly with the surgeon’s medical negligence insurer and legal representatives. We submitted an early settlement proposal together with a carefully crafted Calderbank offer, placing significant pressure on the insurer to resolve the matter promptly and fairly.
This strategic approach allowed negotiations to proceed efficiently while maintaining our client’s strong position.
Claim Resolved Within Six Months
As a result of early engagement and effective negotiation, our client’s cosmetic surgery negligence claim was resolved within approximately six months of our firm being instructed.
A compensation settlement was secured that was entirely satisfactory to our client, delivering a positive outcome without the delays, uncertainty, and emotional burden commonly associated with litigation.
The Value of Early Resolution in Medical Negligence Claims
This case demonstrates the importance of identifying medical negligence claims with strong liability prospects and implementing an early settlement strategy where appropriate.
By leveraging compelling evidence, engaging constructively with insurers, and utilising effective settlement tools such as a Calderbank offer, Stacks Goudkamp was able to secure an excellent result while avoiding the substantial costs and stress of court proceedings.
Our 40-year-old client underwent back surgery to remove a disc fragment, expecting relief from ongoing pain and discomfort. Unfortunately, what should have been a routine procedure resulted in a serious and preventable surgical injury.
During the operation, our client suffered a significant ureter injury, leading to further medical complications, additional surgery, and psychological trauma.
Establishing Medical Negligence
Stacks Goudkamp investigated the circumstances surrounding the procedure and obtained expert medical evidence to assess whether the injury could have been avoided.
Our investigations established that the injury resulted from a failure to exercise reasonable care during surgery. Expert opinion supported the conclusion that it was negligent for hospital staff to remove a substantial section of our client’s ureter, causing avoidable and significant harm.
As a result of the surgical error, our client required further corrective surgery and psychiatric treatment to address the psychological impact of the incident.
Overcoming Strong Opposition from the Hospital’s Insurer
Despite strong opposition from the hospital’s medical insurer, our team remained committed to pursuing fair compensation for our client.
We gathered compelling medical evidence and advanced a strong medical negligence claim, demonstrating the long-term consequences of the preventable injury and its impact on our client’s health, wellbeing, and quality of life.
Successful Settlement Achieved
The claim was ultimately resolved at a Supreme Court-mandated mediation, where Stacks Goudkamp successfully secured a significant compensation settlement for our client.
The settlement enabled our client to avoid the personal, financial, and emotional stress associated with a lengthy and complex court hearing while still achieving a favourable outcome.
In August 2020, a deeply tragic and preventable death occurred at Campbelltown Hospital, leaving our clients, the parents of their adult son devastated and forever changed.
Their son had been under psychiatric care for several years due to a schizophrenic condition, died from renal failure – a condition that could and should have been prevented.
Investigations, including a coronial inquest, revealed that several treating doctors had prescribed excessive doses of lithium over an extended period, and that they and the hospital then failed to monitor his renal function adequately, and misread and misdiagnosed critical symptoms. These acts of negligence culminated in the avoidable death of our clients’ beloved son.
Our clients, who witnessed their son’s suffering and the systemic failures that led to his death, developed psychiatric conditions as a result of the trauma – commonly referred to in legal terms as “nervous shock.” Their claims, brought forward with strength and dignity, were settled successfully on an unlitigated basis.
The outcome acknowledged the clear link between the medical negligence and the profound psychological harm suffered by our clients.
This case stands as a solemn reminder of the duty of care owed by medical professionals and institutions. It also highlights the importance of accountability and the legal avenues available to families affected by medical negligence. While no settlement can ever replace the loss of a loved one, it can offer recognition, justice, and a measure of closure and solace
We acted for a man, now deceased, who was diagnosed with terminal prostate cancer that was not detected until age 59 when it was already at an advanced stage. He was a health conscience man who had regularly consulted his GP for check- ups but it was alleged he was not given any advice about the appropriate tests for prostate cancer for men 50 years and over. It was his case that had he been advised of the available testing he would have undergone such tests and had his cancer been detected at an early stage his prognosis would have been much better. His claim settled out of court shortly prior to his death
In early 2021, what should have been a carefree day at the beach turned into a life-altering ordeal for our teenage client. A simple slip-on seaside rocks caused a laceration to his ankle – a minor injury by most standards. But what followed was anything but minor.
Due to a shocking lapse in basic medical care, hospital staff failed to administer antibiotics – a routine and essential step to prevent infection. This oversight allowed a serious infection to take hold, rapidly escalating the situation. Our client endured multiple emergency surgeries across several hospitals as doctors fought to save his leg.
Despite their efforts, the damage was devastating. He was left with a severely deformed lower leg, chronic pain, and limited mobility. Even now, he lives with the looming possibility of a below-the-knee amputation, a terrifying prospect for anyone, let alone a young person just beginning his life.
We initiated a compensation claim in the Supreme Court of New South Wales, alleging negligence on the part of the hospital. Rather than proceed to a lengthy and emotionally draining trial, the court directed both parties to mediation.
Although the hospital’s insurer did not formally admit liability, the mediation quickly shifted focus from fault to fair compensation. After intense negotiations, we secured a substantial financial settlement — one that will support our client’s ongoing care, rehabilitation, and future needs. It also serves as recognition of the pain, suffering, and economic loss he has endured.
This case is a powerful reminder of the real-world consequences of medical negligence and the importance of fighting for justice when systems fail.
David was admitted to hospital for spinal surgery.
Following the surgery, he remained an inpatient at the hospital for rehabilitation. As he recovered he began showering himself with the use of a commode chair.
On one occasion David was taken to have a shower by a nurse. He applied the brakes to the chair as he always did. As he was showering, the brakes on the commode chair failed.
As a result, David fell out of the chair and suffered a fracture to his left femur that required further extensive surgery to repair.
David had a number of pre-existing health problems. However, as a result of the fracture of his left femur, he has been left with constant pain at the site of the fracture. He also experienced an exacerbation of his existing cervical spondylosis, and developed psychological symptoms. As a result, David has suffered a considerable loss of function, which has greatly reduced the quality of his day to day life.
His injuries included –
- Midshaft fracture to left femur;
- Complete right shoulder rotator cuff tear;
- Exacerbation of cervical spondylosis; and
- Major depressive disorder with anxiety and distress.
We successfully proved the hospital staff were negligent and we recovered damages for David before trial.
If you or someone you know has been involved in a case of medical negligence you may be entitled to compensation. To arrange a free consultation please contact Stacks Goudkamp on (02) 4058 3925 or alternatively make an online enquiry.
For more information see – https://stacksgoudkamp.com.au/services/medical-negligence-lawyers/
Tom Goudkamp acted for Mrs Marie Whittaker in her claim for damages against Dr Christopher Rogers, her Opthalmic specialist. Mrs Whitaker became totally blind following the elective eye surgery performed by Dr Rogers, who had informed her the surgery would ‘be a piece of cake’.
Mrs Whitaker had lost one eye in a stick accident when she was only nine years old. Despite this ‘handicap’ Mrs Whittaker enjoyed a full life. The loss of sight in one eye did not bother her.
When she was in her 40s her GP referred her to Dr Rogers to see if the appearance around the blind eye could be improved. Dr Rogers talked Mrs Whitaker into undergoing a corneal graft in the blind eye because he was very confident that he could restore her lost eye-sight.
Mrs Whitaker consented, after asking Dr Rogers about all possible risks, in particular the risk of her good eye being damaged.
Dr Rogers assured Mrs Whitaker there was no risk to the sight in her good eye. Mrs Whitaker accepted this advice and consented to have the elective surgery. However she remained nervous about it. She even asked the nurse, just before the surgery, to place a pad over her good eye with a ‘don’t touch this eye’ cross on it, just in case.
What Dr Rogers failed to warn Mrs Whitaker about was the 14,000 to 1 chance that her good eye could ‘go out in sympathy’ aka ‘Sympathetic Ophthalmia’, a risk known to all Opthamologists since WW1.
It was Mrs Whitaker’s case that had Dr Rogers warned her of this risk (leading to total blindness) she would not have consented to the operation.
The trial judge, the Court of Appeal and finally the High Court of Australia all unanimously found that in the circumstances of the case Dr Rogers ought to have warned Mrs Whitaker of the risk that she could end up blind.
The outcome of this case (called ‘Rogers v Whitaker’) radically changed doctors’ duty to warn patients of all possible risks of having surgery.
In 2009 our client, Esther, a part time accounts clerk/book keeper, who is currently aged 65 years, attended a Sydney Hospital for surgery for the removal of a cataract on her left eye. Immediately prior to the surgery, a specialist anaesthetist injected anaesthetic directly into the Esther’s eye on two occasions. Esther felt acute pain on both occasions. It subsequently transpired that the retina in her left eye had become detached, due to two needle stick injuries during the administration of the anaesthetic. Esther was subjected to six surgical procedures in attempt to re-attach the retina and save her eye, but ultimately her left eye was required to be removed. The vision in the Esther’s remaining right eye is inferior. Her physical appearance has been affected by the insertion of an ocular prosthesis in her left eye socket, which still causes discomfort and weeping from the eye socket.
Esther may require further surgery in an attempt to rectify this situation. Esther has endured years of suffering both of a physical and psychological nature, and her way of life has been heavily impacted. Court proceedings were commenced on behalf of Esther, however a negotiated settlement was reached prior to hearing. She is very happy with the amount of compensation she will receive.
Julia is a diabetic who had an accident at work and hurt her leg. Her GP, who had been managing her for years failed to properly treat her following the accident which led to amputation of her leg. Julia had to sell her 4 bedroom house after the injury and was living in terrible conditions in a small housing commission home. The first thing Julia is doing with her settlement monies is buying a lovely wheelchair accessible house which will greatly improve her quality of life.
Our client is a medical doctor. He attended a clinic in Sydney to have laser eye surgery to correct long-standing myopia. He was advised he was a very suitable candidate for laser surgery, however within a few weeks of having the surgery our client developed multiple image vision. He was subsequently found medical unfit to continue working as a surgeon in his area of specialty. There was a dispute as to the cause of our client’s vision problems – with experts engaged by the defendant not relating our client’s visual problems to the surgery. Although the treating surgeon never admitted liability, an excellent out of Court settlement was negotiated.
We acted for a young boy and his now late mother in their claim for compensation to relatives when their father/husband died whilst receiving care in a Sydney hospital. Our client’s father had previously suffered from a heart condition and received treatment from a cardiac specialist. He had some complications post-surgery that did not receive immediate attention and it was alleged this contributed to his death. The claim successfully resolved on the steps of Court.
