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In 2005, Lee was involved in a tragic accident, which wasn't his fault. After years of delays, the TAC offered him $750,000 – then, we helped him to get a new offer of $1.1 million just two week later. That's an extra $350,000 in two weeks!
We Handle Surgical Error Claims in Melbourne & All of Victoria
A surgical error is a preventable injury or other adverse outcome during a surgical procedure. Lawyers at Henry Carus + Associates are experts in surgical negligence claims, pursuing maximum compensation for those who have been injured during surgery.
It is important to recognise that all surgeries have risks, and sometimes an unfavourable outcome is unavoidable. But that doesn’t mean you have to take the old doctor’s saying of ‘We did everything we could’ at face value. Our medical negligence lawyers can determine if a surgery error caused you harm and then make a claim on your behalf.
Call 03 9001 1318 today for a FREE, no-obligation consultation. We handle surgical negligence claims on behalf of clients in Melbourne and throughout Victoria.
What Is Considered a Surgical Error?
There are many different types of surgical errors. Common examples include:
- Leaving a foreign object inside the patient (such as sponges, surgical instruments, etc.)
- Delays in performing necessary or emergency surgery
- Failure to recommend surgery when it is clinically indicated
- Inadequate sterilisation and infection control
- Operating on the wrong part of the body
- Performing a surgical procedure on the wrong patient
- Negligence during surgery (i.e., failure to exercise appropriate care)
- Medication and anaesthesia errors
- Negligent post-operative care
- Recommending or performing an unnecessary surgery, including the removal of ovaries and other reproductive organs
- Failure to explain the risks involved in surgery and obtain the patient’s informed consent
Surgical errors can have devastating consequences. Patients may experience severe blood loss, nerve injury, damage to organs, life-threatening infections, loss of the use of a limb, paralysis, brain damage, and more.
If you or someone you love has suffered injury due to surgical negligence, it is important to understand your rights. At Henry Carus + Associates, we draw on our in-depth knowledge of medical errors and Victoria’s personal injury law to provide effective representation for clients in surgical negligence claims.
Who Can Make Surgical Error Claims?
Not all surgical errors rise to the level of medical negligence. To make a claim, you need to prove the following:
- The surgeon or other medical provider did not use the standard of care a reasonable practitioner would have used in the same situation. In other words, the error deviates from the practices accepted by the medical profession.
- Your injuries were caused by the surgeon’s negligence. This can be challenging because some complications may be the result of the patient’s condition or fall within the known risks of the procedure.
- The injury, decline in health, etc. resulted in damages. Damages are compensable losses you suffer due to surgical negligence, such as out-of-pocket medical expenses, lost earnings, etc.
Surgical error claims must also be lodged within the limitation period provided by law. This can be difficult with injuries caused by medical negligence because the effects are not always immediate.
In Victoria, you generally have 3 years to make a common law personal injury claim. The limitation period starts on the date the injury is discoverable. An injury is considered ‘discoverable’ if it (a) is recognised by the claimant or (b) would have been recognised by a claimant who took reasonable steps to verify the injury.
Surgical negligence may lead to injury years after the fact. Don’t assume that it’s too late to make a surgical negligence claim. Our experienced medical negligence lawyers can review the circumstances attending a surgical error and advise you whether there is still time to take legal action.
Contact Henry Carus + Associates Today.
What Are the Consequences of Surgical Errors?
Surgical errors have many potential consequences. For patients, a surgical error may lead to:
- Extreme pain
- Infection and sepsis
- Delays or difficulty in recovery
- Nerve damage
- Injury to organs and tissues
- Loss or unnecessary removal of a limb
- Brain injury or death
- Avoidable complications of a medical condition
- Psychological distress
- Significant financial loss
In some instances, secondary or revision surgery may be needed to address the effects of surgical negligence. This can lead to more physical pain, a more difficult recovery, and additional psychological trauma.
For medical providers, legal liability is one potential consequence of a surgical error. The threat of lawsuits does not appear to reduce the incidence of surgical negligence. Research in the U.S. found that nearly 40% of adults admitted to hospital for surgery experience adverse events—more than 15% of which are considered ‘major’.
Another unfortunate consequence of the prevalence of surgical errors is the loss of confidence in surgeons and the medical establishment as a whole. This can make patients hesitant to undergo surgery, even when it is strongly indicated or essential for their health.
Compensation for Surgery Errors
The damages available in a surgery error compensation claim depend on the losses you have suffered. Amidst the difficulty of recovering from a surgical error, it can be difficult to identify all the ways an adverse event has affected your life—let alone what the future may hold.
We want you to focus on getting better, not worrying about your claim. Our firm’s motto and mission statement is You Deserve More. You can count on Henry Carus + Associates to pursue maximum compensation for all of your losses while you concentrate on your recovery.
Damages that may be recovered in surgical negligence claims include:
- The cost of subsequent medical care
- Future medical expenses
- Rehabilitation and therapy costs
- Bills for attendant care and domestic services
- The cost of medical aids and equipment
- Loss of earnings
- Impairment or deprivation of earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Family members may pursue compensation for the loss of a loved one
At Henry Carus + Associates, we provide legal services on a No Win – No Fee basis. In addition to paying nothing upfront, you will not be required to pay any fees while your claim is in progress. You will only have to pay fees if we get a favourable result on your behalf.
Surgery error claims are challenging and expensive undertakings due to the level of expert medical evidence required to support the claim. Regardless of the outcome, many law firms charge clients disbursements to cover the out-of-pocket costs incurred in preparing the claim. That’s not the way we do things at Henry Carus + Associates.
When we say ‘No Win – No Fee’, that’s exactly what we mean. You only pay legal fees and disbursements (as well as an uplift fee) if we win your surgical error claim.
How Do I Make a Surgery Error Compensation Claim?
Surgery negligence claims are complicated affairs. When you are dealing with the aftermath of a negative surgical outcome or failed procedure, you shouldn’t have to go through the process on your own. A surgical error lawyer at Henry Carus + Associates has the knowledge and expertise you need to hold the surgeon and other practitioners accountable.
We start by thoroughly investigating the surgery for evidence of negligence. This involves obtaining medical records and enlisting expert witnesses to review them for potential errors.
Lawyers at Henry Carus + Associates know how doctors, hospitals, and insurance companies operate. We are expert negotiators who strive to obtain fair settlements on our clients’ behalf.
Surgical negligence claims don’t always settle. Though rare, it does happen. If this is the case, you can count on Henry Carus + Associates to represent you in court and fight for a favourable resolution.
Why Do I Need a Surgery Negligence Lawyer?
There are many benefits to entrusting your surgery negligence claim to a capable lawyer. Injured patients who don’t seek legal counsel are likely to find themselves outmatched very quickly.
If you receive a settlement offer, it is probably much less than what your claim is truly worth. The more likely scenario is that your claim will be denied or aggressively disputed. Having a qualified surgical negligence lawyer is critical for making the strongest possible claim and navigating the intricacies of the law.
Our medical negligence lawyers can assist with multiple aspects of surgical error claims. This includes:
- Establishing causation
- Proving surgical negligence
- In Victoria, a medical professional is not considered negligent if the treatment he or she provides is ‘widely accepted in Australia by a significant number of respected practitioners in the field’ (Wrongs Act 1958 – Sect 59).
- Overcoming the peer professional defence is one of the most important components of your claim. To this end, we partner with respected experts (such as surgeons, anaesthetists, and others) to determine the standard of care and prepare a strong claim.
- Identifying all of the parties at fault
- This may include surgeons and other surgical staff, anaesthetists, and others, as well as the hospital or surgical facility.
- Calculating the damages in your claim
- Reviewing medical records to determine whether you have a significant injury
- To obtain compensation for non-economic loss, you need to prove that your injury meets the threshold level found in the Wrongs Act 1958.
- Our team can help you through the process of obtaining a certificate of assessment from an approved medical practitioner.
- Advising you if the matter is referred to a Medical Panel
- Medical Panels resolve disputes in personal injury claims that centre on medical questions. The decision of a Medical Panel can have a major bearing on the damages you are able to seek.
- Negotiating a fair settlement of your claim
- If necessary, going to court
The success of a surgical negligence claim often rests on the lawyer you choose. Henry Carus + Associates specialise in complex personal injury matters, including claims that involve surgery errors. This experience enables us to represent clients with the utmost effectiveness while focussing on their individual needs and circumstances.
Expert Assistance with Surgery Negligence Claims
As a general rule, people who have surgery are already facing some kind of medical issue. Errors during surgery can make the problem so much worse, as well as lead to new and unexpected difficulties.
Surgeons often claim there was nothing more they could do or that an adverse event falls within the known risks of surgery. It is natural for patients to feel helpless in this moment, as well as think that no one is to blame.
Your life and your health are important. If medical negligence harmed you or a family member, it is vital to understand your legal rights and pursue the full compensation you deserve.
Contact Henry Carus + Associates Today
Medical negligence claims are complex. Our firm has unrivalled experience and skill in this area of personal injury law. We pursue surgery error claims not only for the benefit of our clients but in the hopes of making hospitals and operating rooms safer for all patients.
For a FREE, no-obligation consultation, call Henry Carus + Associates at 03 9001 1318 today. We represent clients in surgery negligence claims in and around Melbourne and other communities of Victoria.
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About Surgical Negligence Claims
If you were harmed by a surgical error, you may be entitled to compensation. The medical negligence lawyers at Henry Carus + Associates handle surgical negligence claims, plastic surgery negligence claims, spine injury negligence claims, and all types of surgery error claims throughout Victoria on a No Win, No Fee basis.
Call 03 9001 1318 for a FREE, no-obligation consultation. We represent clients across Melbourne and regional Victoria.
What Is Surgical Negligence?
Every surgery carries some degree of risk. A surgeon who follows accepted medical standards and something still goes wrong has not necessarily been negligent.
Surgical negligence occurs when a surgeon or other medical professional fails to meet the standard of care that a competent practitioner would provide in the same circumstances, and that failure causes you harm. An adverse outcome that falls within the known, disclosed risks of a procedure is not automatically negligence, even if the outcome is devastating.
The Difference Between Accepted Risk and Surgical Negligence
Accepted Risk: You undergo hip replacement surgery. Your surgeon explains that nerve damage is a recognised risk, and you provide informed consent. Post-surgery, you experience some nerve-related weakness. This is a known complication and, on its own, does not constitute negligence.
Surgical Negligence: The same surgeon operates on the wrong hip, fails to explain the risk of nerve damage before surgery, or leaves a surgical instrument inside your body. These failures fall below the standard expected of a competent practitioner and form the foundation of a surgical error compensation claim.
Common Types of Surgical Errors
Surgical errors span a wide range of procedures and settings. The following are among the most common types of errors that give rise to surgical negligence claims in Victoria:
- Wrong-site surgery (operating on the wrong limb, organ, or body part)
- Wrong patient (performing a procedure on a patient who did not require it)
- Foreign objects left inside the patient (retained surgical sponges, instruments, or swabs)
- Anaesthesia errors (incorrect dosage, failure to account for medical history, or anaesthetic awareness during surgery)
- Unnecessary surgery (including removal of organs or tissue without clinical justification, such as in cases of negligently managed endometriosis treatment)
- Failure to obtain informed consent (proceeding without properly explaining material risks or alternatives)
- Delayed or missed surgical intervention (failure to recommend a procedure when it was clinically indicated)
- Negligent post-operative care (failure to monitor or respond to warning signs during recovery)
- Intraoperative injury (accidental damage to surrounding nerves, arteries, organs, or tissue)
- Cosmetic and plastic surgery errors (substandard technique, inadequate pre-screening, or failure to advise on realistic outcomes)
These errors can result in severe outcomes, including permanent nerve damage, organ damage, vision loss, loss of limb, life-threatening infection, paralysis, brain damage, and, in the most tragic cases, death.
Who Is Eligible to Make a Surgical Negligence Claim?
To make a successful claim, you need to establish three core elements:
- The standard of care was breached. The surgeon or medical professional failed to act as a reasonable, competent practitioner would have in the same situation. This is assessed against practice accepted by a significant number of respected practitioners in Australia.
- Their negligence caused your injury. Your harm must be directly linked to the error, not simply to your underlying condition or a disclosed risk of the procedure. Causation is one of the most contested elements in surgical error claims and requires strong expert evidence.
- You suffered compensable loss. You must have sustained actual damages – physical, psychological, financial, or a combination – as a result of the negligent surgery.
Cosmetic and Plastic Surgery Negligence Claims
Cosmetic surgery is one of the least regulated areas of Australian medicine. Patients harmed by cosmetic surgery negligence claims have the same right to compensation as those injured in medically necessary procedures.
Henry Carus + Associates handles plastic surgery negligence claims, including failed or botched breast augmentation or reduction, permanent scarring from negligent laser procedures, poor surgical technique in facial procedures, and inadequate pre-operative screening that led to serious complications.
Eye Surgery and Ophthalmic Surgery Negligence Claims
The human eye is extraordinarily complex and unforgiving. Errors in ophthalmic procedures can cause partial or total vision loss – consequences that affect employment, independence, and quality of life in lasting ways.
Henry Carus + Associates handles eye surgery negligence claims and ophthalmic surgery negligence claims involving:
- Cataract surgery complications (incorrect lens selection, intraoperative trauma)
- LASIK and laser eye surgery errors resulting in worsened vision, halos, or corneal damage
- Retinal detachment surgery failures
- Glaucoma surgery complications and pressure management errors
- Failure to diagnose or refer time-sensitive eye conditions
- Inadequate pre-operative assessment before ophthalmic procedures
What Compensation Can You Claim?
Damages available in surgery negligence compensation claims include:
- Past and future medical expenses (including revision surgery and corrective procedures)
- Rehabilitation and therapy costs (physiotherapy, psychology, occupational therapy)
- Attendant care and domestic assistance (paid or unpaid care provided by family or support workers)
- Medical aids and home modifications (wheelchairs, prosthetics, home adaptations)
- Loss of earnings (wages lost during recovery)
- Loss of earning capacity (future income lost due to permanent impairment)
- Pain and suffering
- Loss of enjoyment of life
- Dependency claims (available to family members where surgical negligence caused death)
As of July 2024, the maximum payable for non-economic loss in most common law personal injury claims in Victoria is capped at $741,000. Many surgical negligence claims resolve for substantially higher amounts once all heads of damage are properly calculated.
Time Limits – Do Not Wait
In Victoria, you generally have 3 years from the date the injury is ‘discoverable’ to make a claim under the Limitation of Actions Act 1958. For children, the period extends to 6 years from the date of discovery, or until age 21 – whichever is later.
‘Discoverable’ means the date you became aware (or reasonably should have become aware) that your injury was caused by a surgical error. Because some complications emerge months or years after surgery, the clock may not have started when you think.
How to Make a Surgical Negligence Claim
- Consult With a Lawyer: At Henry Carus + Associates, we offer a free, no-obligation consultation. This is your opportunity to describe what happened, assess whether you have a viable claim, and understand your options.
- Medical Records and Investigation: Your lawyer will obtain your full medical records and surgical notes, then review them for evidence of negligence.
- Independent Expert Evidence: Your lawyer will engage independent medical specialists who assess whether the care you received fell below an acceptable standard. Their written reports form the backbone of your claim.
- Claim Preparation: All evidence (medical records, expert reports, financial documents, and witness accounts) is compiled to calculate the extent of damage, both now and into the future.
- Negotiation: Your lawyer deals directly with the hospital, insurer, or medical indemnity fund on your behalf to push for a fair outcome.
- Mediation or Court: Most surgical negligence claims are resolved at mediation without going to court. If a fair settlement cannot be reached, your lawyer will represent you in court and fight for the result you deserve.
A note on Medical Panels: In Victoria, disputes about medical questions in a personal injury claim can be referred to a Medical Panel, whose determination can significantly affect the damages available to you.
Access Expert Legal Support For Surgical Negligence Claims
Surgical negligence claims are among the most complex matters in personal injury law. They require a thorough understanding of medicine and the law, access to credible expert witnesses, and the resolve to take on hospitals and their insurers.
As specialist personal injury lawyers in Victoria, Henry Carus + Associates has the experience, resources, and commitment to handle surgical error claims effectively. Our clients include people harmed by all types of surgery, as well as those pursuing birth injury compensation and other serious medical negligence matters.
As compensation attorneys who work exclusively on the claimant side, we are solely focused on getting the best possible result for you. Call our team today on 03 9001 1318 for a free, no-obligation consultation and a no-win, no-fee service.
Frequently Asked Questions
How do I know if what happened to me is surgical negligence or just a known risk?
Surgeons must explain the material risks before any procedure. If a complication arises that was disclosed to you, and you consented to it, that may be a known risk rather than negligence. But if the surgeon made an error that no competent practitioner would make in the same circumstances, that is potential negligence.
Can I make a cosmetic or plastic surgery negligence claim if I am unhappy with my results?
Dissatisfaction with cosmetic results alone is not sufficient. You must show that the surgeon’s conduct fell below the standard expected of a competent practitioner, and that this caused you actual harm – physical injury, psychological damage, or financial loss.
Can I claim for eye or ophthalmic surgery that has made my vision worse?
Yes, if the worsening was caused by negligence rather than a disclosed risk of the procedure. Eye surgery negligence claims and ophthalmic surgery negligence claims typically involve errors in patient selection or pre-operative assessment, surgical mistakes during cataract or laser eye procedures, failure to recognise post-operative complications, or inadequate advice about risks and alternatives.
How long does a surgical negligence claim take in Victoria?
Most claims take between 18 months and 3 years to resolve, though this varies depending on the matter’s complexity and whether it settles or proceeds to court. Cases involving permanent or catastrophic injury may take longer because medical evidence must be fully developed before a fair settlement figure can be established.
Is there a time limit for making a surgical negligence claim in Victoria?
Yes. You generally have 3 years from the date your injury was ‘discoverable’, meaning when you knew or should have known your harm was caused by a surgical error. For injuries that develop over time, that date may be later than you expect. Children and people with impaired capacity have extended time limits.
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There are many different types of surgery, each with their own purposes, challenges, and risks. At Henry Carus + Associates, we feel it is our duty to help clients understand their rights if they suffer injury as a result of common surgical procedures:
