It is no surprise to the people of New South Wales that there are significant problems with the public health system. This has translated into circumstances of inadequate care being provided to patients throughout the New South Wales health system. Beilby Poulden Costello have been at the forefront of medical litigation, representing victims and families of medical negligence and helping them get the compensation they deserve.
Senior partner Courtenay Poulden has been quoted regularly in the media about cases of medical negligence and the compensation to which victims are entitled. Courtenay has represented many of the families aggrieved by the well published problems at Campbelltown and Camden Hospitals. Courtenay has also been involved in a series of cases where the quality of mental health care in New South Wales has been questioned. At Beilby Poulden Costello we 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 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 intubate patients with clear breathing difficulties
- 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
Medical negligence cases are complex and require particular expertise.
Our experienced team of medical negligence lawyers can assist you get the compensation and advice you are entitled to.
BPC Lawyers are recognised by the Doyles Guide in the area of medical negligence:
- Leading Medical Negligence Law Firm (Plaintiff) – 2015, 2016 and 2017;
- Courtenay Poulden – Leading Medical Negligence Lawyer (Plaintiff) – Sydney, 2015 and Leading Medical Negligence Compensation Lawyer (Plaintiff) – New South Wales, 2017
- Kate Henderson – leading Medical Negligence Lawyer (Plaintiff) – Sydney, 2015; leading Medical Negligence Lawyer (Plaintiff) – NSW, 2016 and Leading Medical Negligence Compensation Lawyer (Plaintiff) – New South Wales, 2017.
- Scott Hall-Johnston – recommended Medical Negligence Lawyer (Plaintiff) – NSW, 2016.
Just wanted to write a short “thank you” note. My experience with BPC has been more than I could ask for. You were very understanding with me and the result was fantastic. I can now begin to put my life back together.
Have Questions? Find Out More About Medical Negligence Claims
Existing health and medical laws in Australia require health care providers to provide treatment and advice according to a reasonable standard of care. Health care providers include:
A health provider’s failure in providing this reasonable standard of care may give rise to a medical negligence claim if it causes injury to a patient. While the law does not provide an exact definition for ‘reasonable care’, it must be determined according to the facts of each case.
What constitutes medical negligence
- Wrongful treatment and advice: While the field of medicine is complicated and providers are not expected to be perfect, mistakes that are beyond simple and reasonable errors are constitute negligence.
- Failure to take reasonable care
- Foreseeable injury: There is negligence when the situation was such that the health care provider could or should have foreseen that their actions could result in injury.
The following situations may be considered negligent:
- failing to or delay in diagnosing a condition
- failing to or delay in providing the appropriate treatment or referral for the condition
- failing to perform surgery with reasonable care and skill
- failing to report correctly on test results
- failing to provide post-operative care with reasonable care
If you have suffered physical, psychological or financial harm as a result of negligent medical treatment, you are allowed to file a claim for compensation against the responsible health provider.
Compensation can take the following forms:
General damages: These refer to compensation for items that do not have distinct monetary value and cannot be precisely calculated. Examples are awards to compensate for ‘pain and suffering’ and ‘loss of amenity’ or inability to pursue the lifestyle enjoyed prior to the injury.
Special damages: These refer to compensation for losses and expenditures that can be calculated accurately, often substantiated by documents such as receipts and records. Only expenses or losses that have been reasonably incurred and arise directly from the injury may be claimed. Examples of compensable losses and expenses are:
- loss of earnings
- future loss of earnings
- medical costs
- travel expenses
- assistance for household chores
- special care aids
- necessary equipment
- care and assistance
- adapted accommodation
- adapted transport
- general out of pocket expenses
Future losses: Compensation for future losses is calculated using a special formula containing the estimated annual loss.
Medical negligence can arise from various aspects of medicine such as:
- emergency medicine
- misdiagnosis of medical conditions
- drugs and drug reactions
- cosmetic surgery
Medical negligence litigation is a highly specialised field that is best handled by a specialist who possesses knowledge and experience in medical malpractice.
If you have suffered an injury as a direct result of hospital or medical treatment or care that you have received, this may be referred to variously as a ‘hospital negligence’ , ‘medical negligence’ a ‘medical accident’, an ‘adverse incident’, or a ‘patient safety incident’.
Hospital negligence occurs when a patient is injured as a consequence of the negligence of a doctor or other medical professional. Have you been wronged by a hospital? You may be eligible for a claim. Find out more about hospital negligence claims.
Medical negligence often exists when you suffer injury or harm as a result of wrongful treatment or misdiagnosis for a medical condition. When proven before a court, you may be awarded compensation in the form of general and/or special damages as well as for future losses.
If you’ve directly suffered from medical negligence, you may be eligible for a compensation claim.
As medicine and science continue to unlock the mysteries of the human body, we are exposed more and more to intervention by doctors, nurses, physiotherapists, dentists, opticians, etc – the list is seemingly endless. There has been much talk about restricting the rights of patients to sue their doctors for negligence and some steps in this direction have already been taken. This seems unfair in light of a recent study that estimated that 90% of negligent events in public hospitals go unreported.
If you think that you have been mistreated by a doctor or by another health professional, these 5 essential key factors will need to be met to ensure your eligibility in successfully winning your case.
BPC Lawyers continues to be at the forefront of negligence litigation involving hospitals in New South Wales. There has been a lot of publicity over the last few years concerning problems in hospital care.
Unsure if your case would be eligible for a negligence claim? Find out more about past successful medical negligence cases where we’ve achieved settlements and results for our clients.
Delayed diagnosis cases are some of the most difficult of all medical negligence cases, because of the complexity created by the issue of causation.
In order to establish negligence in a delayed diagnosis case, the plaintiff must prove not only that the treatment provider breached their duty of care (by missing the possible diagnosis), but also that the treatment provider’s failure to diagnose the condition as soon as possible resulted in damage to the plaintiff. This is not an easy thing to do.
Find out more about whether you’re eligible for a delayed diagnoses compensation claim.
BPC have helped thousands claim compensation.We Can Help You Too.
We don’t promise the world only to send your case to a junior lawyer. Your case will be personally managed by a partner of the firm, who will guide you through every step on the road to successful compensation.