fbpx
Our response to the COVID-19 Situation that is unfolding — Learn More >
1800 786 931
Taylor&Scott Lawyers
  • Home
  • Compensation Law
  • Motor Vehicle
  • Our Services
    • Commercial And
      Business Law
    • Employment Law
    • Family Law
    • Migration Law
    • Property Law
    • Wills & Estates Law
  • People
    • Ray McClenahan
    • Ivan Simic
    • Simon Meigan
    • Evelyn Gardis
    • Mark Youssef
    • Tim McCauley
    • Gervase Liddy
    • David Hartstein
    • Kimberley Becker
    • Michelle Meigan
    • Jonathan Teng
    • Andrew Woo
    • Jessica Cook
    • Donna Begnell
Our response to the COVID-19 Situation that is unfolding — Learn More >
LocationsPeopleContact Us
Taylor&Scott Lawyers
Individual LawBusiness LawAbout Us
1800 786 931
  • Personal Injury
    • Injured at Work
      • Workers Compensation Claims
      • Work Injury Negligence Claims
      • Injured In / Around a Coal Mine
      • Industrial Deafness
      • Non-Employer Negligence Claims (Against Third Parties)
      • Asbestos Claims
    • Motor Vehicle
      • Motor Vehicle Accidents and Claims Before Dec 2017
      • Blameless Motor Vehicle Accidents
      • Bus Accidents
      • Car Accidents (Driver or Passenger)
      • Hit and Run Accidents
      • Children Injured in Motor Vehicle Accidents
      • Bicycle / Cycle / Pushbike Accidents
      • Death Claims Resulting from Motor Accidents
      • Motorcycle Accidents (Driver or Pillion Passenger)
      • Pedestrian Accidents
      • Truck Accidents
      • Uninsured Liability Scheme Accidents (Vehicle at Fault Not Insured)
    • Medical Negligence
      • Hospital claims
      • Doctor claims
      • Treatment Providers Negligence
      • Nursing and Retirement Claims
    • Unable to work
      • Income Replacement Insurance Claims
      • Total Permanent Disability (Tpd) / Superannuation Claims
    • Injured In Public
      • Negligence Claims
      • Slip, Trip or Fall
      • Shopping Centre Accidents
      • Holiday Accidents
      • School, Sporting or Playground Incidents
      • Insurance Claims and Disputes
      • Dog Attacks
      • Aircraft Accidents
  • Family Law
    • Divorce and Separation
      • Divorce and Prenuptial Agreements
      • Divorce and Spousal Maintenance
      • Divorce and Annulments
      • Separation
      • Applying for Divorce
      • Divorce Application
    • Children and Parenting Matters
    • Child Support
    • Paternity Matters
    • Spousal Maintenance
    • Property Settlements
    • De Facto Relationships
  • Wills & Estates
    • Disputed Will or Contested Estates
    • Dealing With Deceased Estates
    • Wills and Estate Planning
    • Powers of Attorney and Enduring Guardian
  • Property Law
  • Migration Law
    • Partner Migration
      • Prospective Marriage Visas
      • Partner Visas
    • Employer Sponsored Migration
    • Temporary Graduate (Subclass 485) Visas
    • Skilled
      Migration (SkillSelect)
    • Medical / Health Waivers
    • Parent Migration
    • Visa Issues
  • Employment Law
    • Employee Legal Services
      • Redundancy
      • Unfair Dismissal / General Protections
      • Termination of Employment, Unfair Dismissal, Adverse Action, Redundancy
      • Independent Contractor or Really an Employee?
      • Senior and Executive Staff
      • Employment Contracts, Post Employment Restrictions, Policies and Procedures
      • Underpaid or Unpaid Workers
      • Workplace Discrimination and Adverse Action
      • Employment Contracts, Negotiating Employment Contracts, Bonus & Performance Payments
    • Employer and Small Business Legal Services
      • Equal Employment Opportunity
      • FWO Investigations
      • Redundancy
  • Commercial Law
  • Employment Law
    • Employer and Small Business Legal Services
      • Equal Employment Opportunity
      • FWO Investigations
      • Redundancy
      • Employment Contracts, Post Employment Restrictions, Policies and Procedures
      • Termination of Employment, Unfair Dismissal, Adverse Action, Redundancy
    • Employee Legal Services
      • Redundancy
      • Unfair Dismissal / General Protections
      • Independent Contractor or Really an Employee?
      • Senior and Executive Staff
      • Workplace Discrimination and Adverse Action
      • Underpaid or Unpaid Workers
  • Property Law
  • Migration Law
    • Partner Migration
    • Temporary Graduate (Subclass 485) Visas
    • Skilled
      Migration (SkillSelect)
    • Medical / Health Waivers
    • Parent Migration
    • Visa Issues
  • People
    • Ray McClenahan
    • Ivan Simic
    • Simon Meigan
    • Evelyn Gardis
    • Mark Youssef
    • Tim McCauley
    • Gervase Liddy
    • David Hartstein
    • Kimberley Becker
    • Michelle Meigan
    • Jonathan Teng
    • Andrew Woo
    • Jessica Cook
    • Susan Marreiros
    • Donna Begnell
  • Locations
  • Contact Us
  • Success Stories
  • Answers
  • News
  • Individual Law
    • Personal Injury
    • Family
    • Wills & Estates
    • Property Law
    • Migration Law
    • Employment Law
  • Business Law
    • Commercial Law
    • Employment Law
    • Property Law
    • Migration Law
  • About Us
    • People
    • Locations
    • Contact Us
    • Success Stories
    • Answers
    • News
LocationsPeopleContact Us
ENQUIRE NOW


Home » Compensation Law » Medical Negligence Claims » Surgical Errors Medical Negligence Compensation


Surgical Errors Medical Negligence Compensation


Enquire Now 1800 786 931

  • This field is for validation purposes and should be left unchanged.

Enquire Now

  • Call us on 1800 786 931

  • This field is for validation purposes and should be left unchanged.

Winning Difficult Cases & Providing Valuable Advice Since 1905


  • Medical negligence
  • What are some examples of surgical error claims?
  • Can any surgical mistake result in a medical negligence case?
  • When do I need an experienced Sydney Medical Negligence Lawyer?
  • How can I maximise my medical negligence payout?
  • What is surgical error?
  • What happens if a surgeon makes a mistake?
  • How much compensation can I claim for a surgical error?

Surgical Errors

Medical negligence

Placing oneself in the care of medical professionals requires a degree of faith. We all need medical or surgical assistance at some point in our lives, and in Australia we are fortunate to have some of the highest standards of medical excellence in the world. However, human error is possible in any field, including medicine, and there is always a small risk of oversight or negligence that can result in surgical errors, sometimes with disastrous results. A surgical error can occur during or shortly after surgery and in all cases, should have been avoided.

Fortunately, Australia also has stringent laws that allow victims of medical negligence to claim compensation for any loss associated with surgical errors. Compensation Law is a vast field, with specialists including medical negligence lawyers who understand all aspects of compensation claims on behalf of their clients. Taylor & Scott Lawyers, serving the people of Sydney and New South Wales since 1905, have the expertise required to investigate even the most complex medical negligence claims for optimum claim outcomes.

What are some examples of surgical error claims?

A surgical error can occur during any type of surgery, from minor to major. The potential for an error to go unnoticed during surgery is increased when the patient is under general anaesthetic and unable to communicate their concerns. The onus of responsibility is with the surgeon who is obliged to act according to their level of qualified proficiency. It takes years of training and practice to become a qualified surgeon, but an error of judgement only takes a moment, with the potential to negatively affect the health and well-being of a patient for life. Examples of surgical errors include:

  • Carrying out an operation on the wrong body part
  • Carrying out unwanted or unnecessary surgery
  • Causing an infection due to inappropriate surgical practice
  • Failing to satisfactorily complete the surgical procedure
  • Leaving surgical equipment inside the patient
  • Causing unnecessary damage or disfigurement during surgery
  • Causing unnecessary damage to another body part
  • Failure to warn re: the risks associated with the surgery

Can any surgical mistake result in a medical negligence case?

Although highly qualified, a surgeon’s ability is still limited. Not every surgical mistake can be attributed to medical negligence, for example, in life-and-death situations where immediate surgical intervention is required after a serious accident. Mistakes can and do happen. In order to make a medical negligence claim, it needs to be ascertained that the surgeon failed in their duty of care.

A medical negligence case can be made if a medical practitioner didn’t exercise appropriate levels of care, skill or expertise expected of someone in his or her medical field. It also needs to be proved that the error caused injury or harm beyond that expected when treating an underlying medical condition. In cases where surgical error doesn’t result in unnecessary harm, a compensation claim is not valid. This naturally leads to cases in dispute, where the services of an experienced medical negligence lawyer is the best way forward.

When do I need an experienced Sydney Medical Negligence Lawyer?

Medical negligence is an extremely complex field of law, with claims requiring exhaustive investigation. If you are considering a medical negligence claim for a surgical error, the claim will possibly be disputed and it won’t take long before medical and legal terminology becomes an overwhelming obstacle to justice. Taylor & Scott Medical Negligence Lawyers are among Sydney’s most respected professionals with decades of case winning experiences, and their services are definitely worth considering.

Claiming compensation damages against a doctor or hospital after medical malpractice is appropriate, but in many cases, success is only possible with expert legal counsel. A compensation claim that is incomplete or invalid will be quickly rejected or result in a greatly diminished payout. Your experienced compensation lawyer will thoroughly investigate the claim, including situations where surgical risks were not properly communicated, resulting in surgical error.

How can I maximise my medical negligence payout?

Taylor & Scott Medical Negligence Lawyers will guide you every step of the way according to your unique circumstances. The more information we can compile with your assistance, the better chance you have of maximising compensation payouts. We work with the information you provide us, along with evidence obtained as a result of our investigations on your behalf, and any information you have collated can make a difference. Statements from anyone involved in the medical procedure can assist your claim, including those provided by doctors, therapists, hospitals, pharmacists and other medical professionals Questions worth consideration include:

  • Did you discuss your concerns with your doctor or surgeon?
  • When did the surgical error first come to your attention?
  • Did you complain either verbally or in writing?
  • Did you get another medical opinion regarding your surgical procedure?
  • Has your life or health changed due to the surgical error?
  • Were you informed of the risks involved with the surgical procedure?

A lot of factors need to be considered, and a medical negligence claim can seem overwhelming when disputed by high-profile surgeons and hospitals. Fortunately, Taylor & Scott Lawyers don’t back away from a fight for justice, and we will do everything in our power to ensure adequate compensation is paid to you. To begin, contact Taylor & Scott for a free case assessment, and if we believe you have a bona-fide surgical error medical negligence claim we will commence investigations immediately on your behalf for timely and successful outcomes that will benefit you and your family.

What is surgical error?

All surgical procedures involve an element of risk, even if the surgeon involved is highly experienced and knowledgeable. Mistakes can and do happen, although not every surgical error can be attributed to negligence. However, all healthcare professionals in public hospitals, private hospitals and private practices are expected to provide a high standard of care during every operation or procedure. A duty of care breach can potentially result in a medical negligence compensation claim.

A duty of care breach occurs when a surgical error is preventable, and likely would not have occurred under the charge of another equally qualified surgeon in similar circumstances. Proving medical negligence can be daunting, particularly when dealing with huge medical organisations, powerful legal opponents and subject matter beyond your full comprehension. For this reason, it is recommended to seek out the services of an experienced medical negligence lawyer for strong representation as soon as possible after the surgical error occurs.

There are many types of surgical errors and negligent treatment such as anaesthesia errors, operating on the wrong body part or cutting in the wrong location. Errors also occur when a surgeon fails to adequately investigate a patient’s prior medical history, prescribed the wrong medication dosage, takes surgical shortcuts, fails to properly sterilise equipment, undertakes incorrect cosmetic surgery, or is fatigued during the operation. The list goes on, and if you believe a surgical error occurred due to medical negligence, contact Taylor & Scott Lawyers for a free case assessment and the best possible advice moving forward.

What happens if a surgeon makes a mistake?

As mentioned, not all surgical mistakes and poor outcomes can be attributed to medical negligence. Harm or injury risks of surgery are evident even when a surgeon or medical practitioner maintains the appropriate standard of care during medical treatment. Mistakes also happen in the rush to save lives, for example, after a serious multi-vehicle car accident. However, surgery is a significant event, and a lot of trust is placed in surgeons to carry out procedures with the necessary skill and care.

You will require strong legal representation to prove your medical negligence claim, and that’s where Taylor & Scott comes into the picture. Our medical negligence specialists have decades of case winning experience in difficult-to-prove cases. If we believe you have a valid medical negligence claim, the full weight of our specialist legal support will be on your side, and we will commence proceedings on your behalf at the first opportunity.

How much compensation can I claim for a surgical error?

Surgical error medical negligence compensation is designed to cover a range of expenses. The amount of compensation you receive will be determined by your unique circumstances, with medical negligence compensation potentially including:

  • Loss of income or earnings (past, present and future);
  • Medical expenses associated with rectifying damage caused by negligence;
  • Out of pocket expenses caused by the medical negligence;
  • Compensation for pain and suffering, both physical and psychological.

If you are considering making a surgical error medical negligence compensation claim, contact Taylor & Scott for a comprehensive, no obligation medical negligence case assessment and the best legal advice and representation available.

At Taylor & Scott, We Care For You.

Surgical Errors

  • Medical negligence

    Placing oneself in the care of medical professionals requires a degree of faith. We all need medical or surgical assistance at some point in our lives, and in Australia we are fortunate to have some of the highest standards of medical excellence in the world. However, human error is possible in any field, including medicine, and there is always a small risk of oversight or negligence that can result in surgical errors, sometimes with disastrous results. A surgical error can occur during or shortly after surgery and in all cases, should have been avoided.

    Fortunately, Australia also has stringent laws that allow victims of medical negligence to claim compensation for any loss associated with surgical errors. Compensation Law is a vast field, with specialists including medical negligence lawyers who understand all aspects of compensation claims on behalf of their clients. Taylor & Scott Lawyers, serving the people of Sydney and New South Wales since 1905, have the expertise required to investigate even the most complex medical negligence claims for optimum claim outcomes.

  • What are some examples of surgical error claims?

    A surgical error can occur during any type of surgery, from minor to major. The potential for an error to go unnoticed during surgery is increased when the patient is under general anaesthetic and unable to communicate their concerns. The onus of responsibility is with the surgeon who is obliged to act according to their level of qualified proficiency. It takes years of training and practice to become a qualified surgeon, but an error of judgement only takes a moment, with the potential to negatively affect the health and well-being of a patient for life. Examples of surgical errors include:

    • Carrying out an operation on the wrong body part
    • Carrying out unwanted or unnecessary surgery
    • Causing an infection due to inappropriate surgical practice
    • Failing to satisfactorily complete the surgical procedure
    • Leaving surgical equipment inside the patient
    • Causing unnecessary damage or disfigurement during surgery
    • Causing unnecessary damage to another body part
    • Failure to warn re: the risks associated with the surgery
  • Can any surgical mistake result in a medical negligence case?

    Although highly qualified, a surgeon’s ability is still limited. Not every surgical mistake can be attributed to medical negligence, for example, in life-and-death situations where immediate surgical intervention is required after a serious accident. Mistakes can and do happen. In order to make a medical negligence claim, it needs to be ascertained that the surgeon failed in their duty of care.

    A medical negligence case can be made if a medical practitioner didn’t exercise appropriate levels of care, skill or expertise expected of someone in his or her medical field. It also needs to be proved that the error caused injury or harm beyond that expected when treating an underlying medical condition. In cases where surgical error doesn’t result in unnecessary harm, a compensation claim is not valid. This naturally leads to cases in dispute, where the services of an experienced medical negligence lawyer is the best way forward.

  • When do I need an experienced Sydney Medical Negligence Lawyer?

    Medical negligence is an extremely complex field of law, with claims requiring exhaustive investigation. If you are considering a medical negligence claim for a surgical error, the claim will possibly be disputed and it won’t take long before medical and legal terminology becomes an overwhelming obstacle to justice. Taylor & Scott Medical Negligence Lawyers are among Sydney’s most respected professionals with decades of case winning experiences, and their services are definitely worth considering.

    Claiming compensation damages against a doctor or hospital after medical malpractice is appropriate, but in many cases, success is only possible with expert legal counsel. A compensation claim that is incomplete or invalid will be quickly rejected or result in a greatly diminished payout. Your experienced compensation lawyer will thoroughly investigate the claim, including situations where surgical risks were not properly communicated, resulting in surgical error.

  • How can I maximise my medical negligence payout?

    Taylor & Scott Medical Negligence Lawyers will guide you every step of the way according to your unique circumstances. The more information we can compile with your assistance, the better chance you have of maximising compensation payouts. We work with the information you provide us, along with evidence obtained as a result of our investigations on your behalf, and any information you have collated can make a difference. Statements from anyone involved in the medical procedure can assist your claim, including those provided by doctors, therapists, hospitals, pharmacists and other medical professionals Questions worth consideration include:

    • Did you discuss your concerns with your doctor or surgeon?
    • When did the surgical error first come to your attention?
    • Did you complain either verbally or in writing?
    • Did you get another medical opinion regarding your surgical procedure?
    • Has your life or health changed due to the surgical error?
    • Were you informed of the risks involved with the surgical procedure?

    A lot of factors need to be considered, and a medical negligence claim can seem overwhelming when disputed by high-profile surgeons and hospitals. Fortunately, Taylor & Scott Lawyers don’t back away from a fight for justice, and we will do everything in our power to ensure adequate compensation is paid to you. To begin, contact Taylor & Scott for a free case assessment, and if we believe you have a bona-fide surgical error medical negligence claim we will commence investigations immediately on your behalf for timely and successful outcomes that will benefit you and your family.

  • What is surgical error?

    All surgical procedures involve an element of risk, even if the surgeon involved is highly experienced and knowledgeable. Mistakes can and do happen, although not every surgical error can be attributed to negligence. However, all healthcare professionals in public hospitals, private hospitals and private practices are expected to provide a high standard of care during every operation or procedure. A duty of care breach can potentially result in a medical negligence compensation claim.

    A duty of care breach occurs when a surgical error is preventable, and likely would not have occurred under the charge of another equally qualified surgeon in similar circumstances. Proving medical negligence can be daunting, particularly when dealing with huge medical organisations, powerful legal opponents and subject matter beyond your full comprehension. For this reason, it is recommended to seek out the services of an experienced medical negligence lawyer for strong representation as soon as possible after the surgical error occurs.

    There are many types of surgical errors and negligent treatment such as anaesthesia errors, operating on the wrong body part or cutting in the wrong location. Errors also occur when a surgeon fails to adequately investigate a patient’s prior medical history, prescribed the wrong medication dosage, takes surgical shortcuts, fails to properly sterilise equipment, undertakes incorrect cosmetic surgery, or is fatigued during the operation. The list goes on, and if you believe a surgical error occurred due to medical negligence, contact Taylor & Scott Lawyers for a free case assessment and the best possible advice moving forward.

  • What happens if a surgeon makes a mistake?

    As mentioned, not all surgical mistakes and poor outcomes can be attributed to medical negligence. Harm or injury risks of surgery are evident even when a surgeon or medical practitioner maintains the appropriate standard of care during medical treatment. Mistakes also happen in the rush to save lives, for example, after a serious multi-vehicle car accident. However, surgery is a significant event, and a lot of trust is placed in surgeons to carry out procedures with the necessary skill and care.

    You will require strong legal representation to prove your medical negligence claim, and that’s where Taylor & Scott comes into the picture. Our medical negligence specialists have decades of case winning experience in difficult-to-prove cases. If we believe you have a valid medical negligence claim, the full weight of our specialist legal support will be on your side, and we will commence proceedings on your behalf at the first opportunity.

  • How much compensation can I claim for a surgical error?

    Surgical error medical negligence compensation is designed to cover a range of expenses. The amount of compensation you receive will be determined by your unique circumstances, with medical negligence compensation potentially including:

    • Loss of income or earnings (past, present and future);
    • Medical expenses associated with rectifying damage caused by negligence;
    • Out of pocket expenses caused by the medical negligence;
    • Compensation for pain and suffering, both physical and psychological.

    If you are considering making a surgical error medical negligence compensation claim, contact Taylor & Scott for a comprehensive, no obligation medical negligence case assessment and the best legal advice and representation available.

    At Taylor & Scott, We Care For You.

VIEW MORE








At Taylor & Scott, We Care For You

Take advantage of having us on your side.


Over 118 years of expert legal advice

You'll receive over a century of hard-fought litigation, highly skilled and successful negotiation experience across our firm.

No Win No Fee
Guarantee*

When it comes to Personal Injury, Compensation and Motor Vehicle Accident claims, if we don’t win, you don’t pay*.

Skilled, professional & specialised lawyers

We'll pair you with the best lawyer for your case, no matter the cause.

Honesty, integrity & transparency

You get strategic advice 
& strong representation, 
with an honest & 
transparent approach.

Get Started Today




FIND OUT HOW TO MAXIMISE YOUR CLAIM TODAY

With over 118 years of hard-won wisdom, you are in safe hands.

Enquire Online           1800 600 664

Contact Us

12/276 Pitt St, Sydney NSW 2000
Phone: 1800 600 664
Fax: (02) 9265 2555
Other offices located in Parramatta, Campbelltown, Newcastle & Wollongong (by appointment)

Compensation

Read more

Services

Commercial And Business Law
Employment
Family Law
Property
Wills & Estates
Migration

Success Stories

Dust Disease
Health Waiver
Medical Negligence
Migration
Motor Accidents
Family Law
Slip & Fall
Will Disputes
Work Injuries

JOIN THE CONVERSATION

No Win No Fee Policy — Our Guarantee to you*
Disclaimer/Terms of Use
Privacy Policy
Copyright © 2021 Taylor & Scott
*Personal Injury, Compensation and Motor Vehicle Accident matters, you get our no win / no fee guarantee and a free 40 min initial consultation. Conditions apply.
Liability limited by a scheme approved under Professional Standards Legislation.

No Win No Fee Policy — Our Guarantee to you* Disclaimer/Terms of Use Privacy Policy Copyright © 2021 Taylor & Scott
*Personal Injury, Compensation and Motor Vehicle Accident matters, you get our no win / no fee guarantee and a free 40 min initial consultation. Conditions apply.
Liability limited by a scheme approved under Professional Standards Legislation.
  • Home
  • Compensation Law
  • Motor Vehicle
  • Our Services
    • Commercial And
      Business Law
    • Employment Law
    • Family Law
    • Migration Law
    • Property Law
    • Wills & Estates Law
  • People
    • Ray McClenahan
    • Ivan Simic
    • Simon Meigan
    • Evelyn Gardis
    • Mark Youssef
    • Tim McCauley
    • Gervase Liddy
    • David Hartstein
    • Kimberley Becker
    • Michelle Meigan
    • Jonathan Teng
    • Andrew Woo
    • Jessica Cook
    • Donna Begnell