Medical Negligence Lawyers

This has translated into circumstances of inadequate care being provided to patients throughout the New South Wales health system.

Don’t delay! Contact our Medical Negligence Lawyers today.

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BPC Medical Negligence Lawyers has been at the forefront of medical litigation for over 30 years, representing victims and families of medical negligence and helping them get the compensation they deserve.

With a rich history spanning more than 30 years, our firm has witnessed and adapted to the evolving landscape of medical negligence cases. This extensive experience has equipped us with unparalleled insights into the complexities of these cases, allowing us to navigate the intricate legal and medical aspects with precision and expertise.

Senior partner Courtenay Poulden has been quoted regularly in the media about cases of medical negligence and the compensation to which victims are entitled. We acknowledge that there are some medical problems that cannot be avoided even with the best care.   Where however there are mistakes that just should not happen, we have the experience and resources to support our clients through the process.

When we identify cases of clear medical negligence, we leverage our extensive experience and substantial resources to support our clients throughout the entire legal process. Our commitment goes beyond mere representation; we strive to provide comprehensive support, understanding the emotional and financial toll these situations can take on victims and their families.

At BPC Lawyers, our personal injury lawyers regularly appear at coronial inquests for the families of our clients where the result of the negligence has tragically become fatal.

Partner, Kate Henderson specialises in large and complex personal injury claims with considerable experience handling Sydney and NSW-wide medical negligence claims against health care providers including public hospitals, private hospitals, and medical practitioners. Kate has a particular interest in birth injury claims and has acted for a number of children suffering cerebral palsy as a result of adverse birth events.

Kate has successfully acted on behalf of many clients suffering catastrophic injuries due to negligence including brain damage, cerebral palsy, paraplegia, quadriplegia and amputated limbs.

Some examples of medical negligence cases include:

• Failure to recognise and treat emergency medical problems such as appendicitis.
• Discharging patients from hospital too early and without adequate review.
• Failing to properly consider all possible diagnosis and arrange proper investigations
• Delaying treatment to patients with emergency care needs.
• Discharging patients from mental health facilities when they presented a danger to themselves or the community.
• Failing to adequately treat women during pregnancy or labour.
• Surgical errors and inadequate care.
• Failing to recognise possible emergency situations such as sepsis or heart problems.
• Failing to identify symptoms of a stroke.

Medical negligence cases are complex and require particular expertise.

At BPC Lawyers, we understand that medical negligence cases are among the most complex in the field of personal injury law. They require a unique blend of legal expertise, medical knowledge, and investigative skills. Our team of experienced Sydney Medical Negligence Lawyers possesses this specialized skill set, allowing us to navigate the intricate web of medical and legal issues that these cases often present.

Our approach to medical negligence cases is meticulous and comprehensive. We never commence a claim without conducting a thorough investigation and involving leading medical experts. This careful preparation is crucial in building a strong case and maximising the chances of a favourable outcome for our clients.

The compensation we seek for our clients goes beyond merely covering medical expenses. We fight for compensation that addresses all aspects of the impact of medical negligence, including:

• Past and future medical expenses
• Rehabilitation costs
• Lost wages and future earning capacity
• Home modifications and assistive devices
• Pain and suffering
• Loss of enjoyment of life
• Care and support services

In cases of fatal medical negligence, we also pursue compensation for the deceased’s dependents, covering funeral expenses, loss of financial support, and loss of companionship.

While financial compensation cannot undo the harm caused by medical negligence, it can provide crucial support for victims and their families as they navigate the challenges ahead. It can ensure access to the best possible care and support, alleviating some of the burdens placed on families by these tragic events.

If you or a loved one has been affected by suspected medical negligence, we encourage you to reach out to our team of Sydney Medical Negligence Lawyers. With our extensive experience, resources, and dedication, we are well-equipped to assess your case, provide expert advice, and fight tirelessly for the compensation you deserve.

Remember, time limits apply to medical negligence claims, so it’s crucial to seek legal advice as soon as possible.

Talk to our Medical Negligence Lawyers today and take the first step towards securing the compensation and closure you deserve.

Medical Negligence Claims in NSW

Medical negligence is a serious issue that affects many Australians each year. In fact, as many as 18,000 unnecessary deaths occur and more than 50,000 patients become disabled per year in Australia.

However, the exact number of medical negligence claims in NSW can be hard to pin down, as not all cases are publicly reported.

Some experts estimate that for every reported case, there could be 5-10 unreported cases. This means the actual number of medical negligence incidents in NSW could be much higher than official figures suggest.

The Legal Framework for Medical Negligence

In NSW, medical negligence claims are primarily governed by the Civil Liability Act 2002. This Act sets out the principles for determining negligence and calculating damages.

To prove medical negligence, you generally need to show:

1. The healthcare provider owed you a duty of care.

2. They breached that duty by failing to meet the standard of care expected.

3. You suffered harm as a result of that breach.

4. The harm was a reasonably foreseeable consequence of the breach.

It’s important to note that not all adverse medical outcomes are the result of negligence. Sometimes, complications occur despite the best efforts of healthcare providers.

The Role of Medical Experts

Medical negligence cases often rely heavily on expert evidence. Medical experts can help establish:

– What the standard of care should have been in the circumstances

– Whether the healthcare provider’s actions fell below this standard

– Whether the breach caused the harm suffered by the patient

These experts play a crucial role in helping the court understand complex medical issues.

Time Limits for Medical Negligence

In NSW, there are strict time limits for bringing a medical negligence claim. Generally, you have three years from the date you became aware of the negligence to start legal proceedings. For children, the time limit is usually extended until they turn 21.

However, there are exceptions to these rules, and it’s always best to seek our legal advice as soon as possible if you suspect medical negligence.

Alternative Dispute Resolution

Not all medical negligence cases end up in court. Many are resolved through alternative dispute resolution methods, such as mediation. These approaches can be less adversarial, quicker, and less expensive than going to trial.

In NSW, the Civil Procedure Act 2005 encourages parties to use alternative dispute resolution where appropriate.