Have You Suffered from Medical Negligence? You May Be Entitled to Compensation

12 Mar

If you have suffered complications after surgery or a medical procedure, you may be entitled to significant compensation. Many Australians do not realise that medical negligence claims are time-sensitive, and waiting too long to seek legal advice might mean missing out on the compensation you deserve.

The case of Thompson v Rosen [2020] NSWSC 356 is a perfect example of why taking action quickly is so important. Gai Thompson brought a medical negligence claim against two gynaecologists, Dr David Rosen and Associate Professor Alan Lam, after suffering complications from a hysterectomy and the insertion of surgical mesh. The defendants tried to have the case thrown out, arguing that it was too late to bring a claim and that it duplicated issues already addressed in a class action against Johnson & Johnson. However, the court allowed her case to proceed.

If you are dealing with medical complications and suspect negligence, don’t wait. Call us today for a free consultation.

The Risks of Surgical Mesh and Medical Negligence Claims

Surgical mesh devices, like those used in Thompson’s case, have been at the centre of multiple lawsuits worldwide. The Gill v Ethicon Sarl & Ors (No 5) [2019] FCA 1905 class action revealed that Johnson & Johnson’s surgical mesh products were released without adequate clinical trials, exposing patients to unnecessary risks. In that case, the Federal Court found that Johnson & Johnson failed to properly test these devices before they were implanted in thousands of Australian women.

However, as Thompson’s case highlights, even if you were part of a class action, you may still have a separate claim against the doctors who performed your surgery. If a medical professional’s negligence contributed to your injury, you have the right to seek compensation. The key takeaway? If you have suffered complications from a medical procedure, it is crucial to get legal advice to understand your rights.

What If You’re Told It’s “Too Late” to Make a Claim?

One of the biggest challenges in Thompson’s case was whether her claim was “statute-barred” under the Limitation Act 1969 (NSW). The law sets strict time limits for bringing medical negligence claims, but there are exceptions.

In medical negligence cases, the time limit often starts from the date you knew or should have known that your injury was caused by negligence. The defendants in Thompson’s case argued that she should have known she had a claim year's earlier, but the court found that she only became aware of the negligence when she received an expert medical report in 2018. Because of this, her case was allowed to proceed.

If you are worried that you may have run out of time to claim, don’t assume you are out of options. We can review your case and advise you on whether you can still take legal action. Call us now before it’s too late.

When Can You Make a Medical Negligence Claim?

If you have experienced any of the following after a medical procedure, you may have grounds for a claim:

Severe pain or complications following surgery
Incorrect or unnecessary procedures performed
Failure to diagnose or misdiagnosis of a medical condition
Lack of informed consent before surgery or treatment
Medical errors that led to further health issues

The medical industry has strict standards that doctors and hospitals must follow. If they fail to meet those standards and you suffer as a result, you may be entitled to compensation. However, proving medical negligence can be complex. That’s why you need experienced legal representation to build a strong case and fight for your rights.

What Compensation Can You Claim?

Medical negligence claims can result in significant compensation for:

Medical expenses (past and future)
Loss of income if you are unable to work
Pain and suffering caused by the injury
Ongoing care and rehabilitation costs

In cases like Thompson’s, where negligence resulted in long-term health issues, compensation can be substantial. But you need to act fast — don’t wait until it’s too late to claim what you are entitled to.

Why Choose Us?

Medical negligence cases are complex, and hospitals and doctors will do everything they can to defend themselves. We have extensive experience in fighting for clients who have suffered from medical malpractice, and we are committed to getting you the maximum compensation possible.

No upfront costs – we offer no-win, no-fee representation
Free initial consultation – find out if you have a claim today
Expert legal team – years of experience in medical negligence claims

You don’t have to face this battle alone. If you have suffered due to medical negligence, call us today and let us fight for the compensation you deserve.

Take Action Now – Contact Us Today

If you have been injured due to medical negligence, waiting too long could mean missing out on your chance for justice. The law is complex, but we make the process simple for you. Reach out for a free, confidential consultation. Our team will guide you every step of the way.

Call us today or fill out our online form to get started. Don’t suffer in silence. Let us help you get the justice and compensation you deserve.

¹ Thompson v Rosen [2020] NSWSC 356, Supreme Court of New South Wales. Available at: https://www.caselaw.nsw.gov.au/decision/5e868262e4b0a854e03ea14d

² Gill v Ethicon Sarl & Ors (No 5) [2019] FCA 1905, Federal Court of Australia. Available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2019/2019fca1905

³ Limitation Act 1969 (NSW), available at: https://legislation.nsw.gov.au/view/html/inforce/current/act-1969-031