If you've suffered an injury as a result of being wrongly treated in a NSW hospital...

Written on the 12th of January 2011

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If you’ve been treated in a NSW hospital and the level of treatment you received was below an acceptable standard, and you suffered an injury or a worse outcome as a result of the treatment, then you may have an entitlement to bring a Medical Negligence Claim against the hospital.

Examples of what may constitute medical negligence are:

Failing to diagnose an illness when it ought to have been diagnosed;

Performing surgery in such a way that it causes further injury (eg a perforated bowel) when such further injury ought not to have occurred;

Performing surgery on someone without their informed consent, when such consent could reasonably have been sought.


The process of a medical negligence claim

We recommend the following process:

• We obtain the clinical notes from the hospital

• We engage a medical specialist to view the clinical notes and provide their opinion as to whether the hospital breached the duty of care it owed you

• If the opinion of the medical specialist supports an allegation of medical negligence, then we collect evidence to support your claim for compensation – including evidence of past and future earnings loss, evidence of past and future treatment and care needs, and evidence of your pain and suffering

• We attempt to engage the hospital’s insurers in settlement negotiations

• If a settlement can’t be reached, we file court documents for you to commence the legal process

If you have questions, please do not hesitate to call on 02 4904 8000 or email Kylie Stevens, Kimberley Sharpe or Alison Mayo.
























Disclaimer - This article is offered for general information purposes only. It is not offered as and does not constitute specific legal advice or opinion. The accuracy of the information is not guaranteed. You should not act or rely upon any of the information contained within this article without seeking the advice of a qualified solicitor who specialises in the particular area of expertise and jurisdiction that you require.