FAQ's

Stacks/Goudkamp’s compensation lawyers understand the bitter emotional remnants that remain when a patient who places faith in a health care provider is wronged. We have helped countless families receive personal incident compensation and are experts with medical malpractice cases.

FAQ 1: Health care providers & duty of care
FAQ 2: How Stacks/Goudkamp can help you prove medical negligence.
FAQ 3: Medical Negligence Claim examples
FAQ 4: What does Medical Negligence Compensation cover?
FAQ 5: Conduct of health care providers in medical negligence claims
FAQ 6: What should you claim in medical negligence claims?

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Compensation FAQ 1: Health care providers & duty of care

Medical Incident
All providers of health care are required to exert a 'duty of care' to the public, meaning there are strict regulations to provide treatment with a 'reasonable standard of care'. In medical negligence cases, patients and possibly even their family members may be able to take legal action against health care providers. If you are planning to take legal action against a health care provider, i is important you contact a lawyer at Stacks/Goudkamp to assist you with your claim.

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Compensation FAQ 2: How Stacks/Goudkamp can help you prove medical negligence.

Medical Incident
In order to prove medical negligence, our compensation lawyers must be able to show the courts that the health care provider could or should have seen their actions could be potentially unsafe and result in personal incident. If a connection between the personal incident sustained and the health care providers' error can be proved, this will provide sufficient evidence for your claim.

If you have suffered personal incident from a health care provider’s wrongful treatment, you should immediately contact Stacks/Goudkamp’s compensation lawyers as strict time limits apply to claims of medical negligence compensation.

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Compensation FAQ 3: Medical Negligence Claim examples

Medical Incident
Stacks/Goudkamp’s compensation lawyers been successful in representing many victims of medical negligence in the following areas:

• Failure to warn / communicate risks of treatment
• Misdiagnosis / delayed diagnosis
• Failure to prescribe the correct medication / prescribe excessive dosage
• Dental injuries (such as permanent nerve damage with removal of wisdom teeth)
• Failure to perform surgery with ‘reasonable care’ and skill
• Failure to provide appropriate treatment
• Failure to provide referral to specialist(s)
• Failure to sterilise / monitor pregnancy / monitor birth
• Failure to provide post-operative care
• Failure to return test results

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Compensation FAQ 4: What does Medical Negligence Compensation cover?

Medical Incident
At Stacks/Goudkamp, we can provide you with a compensation lawyer to help you obtain medical negligence compensation to cover patient losses. The compensation payout you receive is not calculated on the level of negligence on the part of the health care provider. Instead, the payout is calculated in relation to the nature of the incident.

The compensation lawyers at Stacks/Goudkamp can help you obtain compensation payments for the following:

• Medical expenses for treatment of the incident (including long-term treatment)
• A lump sum compensation payment to cover pain and suffering (calculated on a sliding scale predetermined by the courts)
• Future care expenses
• Loss of wages and superannuation payments
• Miscellaneous costs (home modifications, wheelchairs etc)

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Compensation FAQ 5: Conduct of health care providers in medical negligence claims

Medical Incident
Compensation Laws in Australia, in cases of medical negligence, allow the courts to assess far more than just the generally accepted practices of the health care provider’s industry.

For medical negligence to be found, your compensation lawyer will need to demonstrate to the courts that the conduct of the health care provider in question did not conform to the ‘standard of reasonable care’ demanded from their industry under common law.

In addition to this, court houses in Australia may take 'peer professional opinion' into consideration. This means that the court will decide whether the health care provider, at the time the incident was suffered, acted with competent professional practice as determined by a ‘significant number of respected’ health care providers in the field.

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Compensation FAQ 6: What should you claim in medical negligence claims?

Medical Incident
To commence your personal incident medical negligence compensation claim you should contact a compensation lawyer at Stacks/Goudkamp. Beyond the strict time limits for claiming personal incident compensation, insurance companies and health care providers often enter aggressive litigation or offer severely reduced personal incident settlements due to the threat of having their licenses to practice revoked and/or the time and cost of court hearings.

This process is often confusing and overwhelming and therefore it is vital to seek legal aid to assist you with your claim.

Our compensation lawyers understand the bitter emotional remnants that remain when a patient who places faith in a health care provider is wronged. We have helped countless families receive personal incident compensation and are experts with medical negligence cases.

Stacks/Goudkamp help families during their time of need by eradicating the pressure and misunderstanding associated with medical negligence compensation claims. Our experienced compensation lawyers efficiently manage each stage of your compensation claim, providing you with valuable advice along the way. From medical treatment to calculating personal incident compensation, from insurance litigation to personal incident settlement – Stacks/Goudkamp’s compensation lawyers are there to fight for you.

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If you are in need of legal advice, contact Stacks/Goudkamp today. Stacks/Goudkamp is a Sydney based law firm with Accredited Specialists in Compensation Law and Compensation matters. We are situated in the heart of the Sydney CBD and also have offices in Parramatta, Liverpool, Newcastle and Wollongong. Call us today on 1800 25 1800 or alternatively, fill out the form on the right.