Catastrophic Medical Negligence
Koffels acts for people who have suffered catastrophic harm as a result of medical negligence. Our work in this area focuses on civil compensation claims — not complaints to regulatory bodies or criminal referrals — and we take on matters where the harm caused is serious, permanent, and life-altering.
If you or a family member has been catastrophically harmed by a failure in medical care, this page explains what we do, the kinds of matters we act in, and how to speak with us.
What We Mean by Catastrophic
Catastrophic is not a term we use for effect. In the context of medical negligence civil compensation claims in NSW, catastrophic harm refers to outcomes that are severe, permanent, and fundamentally alter the course of a person’s life. This is not the same as a poor medical outcome, a complication that resolves, or a procedure that was unpleasant or imperfect.
Catastrophic outcomes we act in include permanent brain injury, paralysis, severe birth injuries, loss of limbs or function, permanent blindness, and other irreversible harm requiring ongoing care and support. The nature of medical negligence is that catastrophic outcomes are often unique to the circumstances — no two matters are identical, and the injuries that result from medical failure do not always fit neatly into defined categories.
A failure in IVF treatment that destroys a person’s remaining embryos and permanently ends their ability to have biological children is catastrophic. An anaesthetic error that results in hypoxic brain injury is catastrophic. A missed Lisfranc fracture that leads to permanent disability and loss of livelihood is catastrophic. The common thread is not the category of injury — it is the permanence, the severity, and the irreversible impact on a person’s life.
We do not act in minor negligence matters or claims where the harm, while real, does not meet this threshold. If you are unsure whether your circumstances qualify, the right step is a confidential consultation — we will give you an honest assessment.
Areas of Medical Negligence We Act In
Koffels acts in catastrophic medical negligence civil compensation claims arising from a range of clinical settings and failure types, including:
- Misdiagnosis and delayed diagnosis — where a failure to identify a condition in time results in irreversible harm or death
- Surgical errors — including wrong-site surgery, retained instruments, and errors causing permanent injury
- Anaesthesia complications — errors in administration, monitoring, or response that result in brain injury, coma, or death
- Birth injuries — including hypoxic-ischaemic encephalopathy, cerebral palsy, and other permanent injuries to mother or child arising from failures in obstetric care
- Medication and prescription errors — where incorrect medication, dosage, or contraindication causes catastrophic harm
- Failure to warn — where a patient was not adequately informed of material risks and, had they been informed, would have made a different decision
- Reproductive medicine failures — including IVF errors, genetic screening failures, and other irreversible harm arising from assisted reproductive technology
This list is illustrative, not exhaustive. If you have suffered serious, permanent harm as a result of a failure in medical care and it is not listed above, contact us. We assess each matter on its facts.
Civil Compensation — What It Can Address
A civil compensation claim for medical negligence is a legal action against the healthcare provider, institution, or practitioner whose breach of duty caused the harm. It is separate from any complaint to the Medical Council of NSW, AHPRA, or other regulatory bodies, and separate from any criminal investigation. Pursuing civil compensation does not prevent you from making a regulatory complaint, and a regulatory outcome does not determine the outcome of a civil claim.
Compensation in a successful civil claim is assessed on your individual circumstances. Depending on the evidence, it can include:
- general damages for pain and suffering
- past and future economic loss — including loss of earning capacity where the injury has affected your ability to work
- past and future treatment, rehabilitation, and care costs
- out-of-pocket expenses arising from the negligence
- damages for loss of capacity to provide domestic services
In catastrophic matters the quantum of a successful claim can be substantial, reflecting the lifelong nature of the harm and the ongoing cost of care and support. Most matters resolve through negotiated settlement. Where a defendant does not engage reasonably, proceedings can be commenced in the NSW Supreme Court or relevant jurisdiction.
Limitation Periods
In NSW, the standard limitation period for personal injury claims is three years from the date the person knew, or ought reasonably to have known, that they had a claim. For medical negligence this is not always the date of the procedure — it may be the date of a later diagnosis, a second opinion, or a medical report that first identified the link between the clinical failure and the harm suffered.
Limitation periods in medical negligence matters are fact-specific and complex. If you are concerned that time may be an issue, the right step is to seek advice promptly. Do not assume a claim is out of time without getting a proper assessment.
How Koffels Approaches These Matters
Koffels has acted in catastrophic medical negligence civil compensation claims across Australia. We work with leading medical experts, understand the clinical and evidentiary complexity of serious negligence matters, and have the experience to assess, build, and prosecute claims at the level these cases require.
We act on a no-win, no-fee basis for medical negligence matters we assess as reasonably likely to succeed. Initial consultations are confidential and without obligation. We will tell you honestly at the outset whether we think your matter is one we can act in, and what the process is likely to involve.
Speaking With Us
To speak with a medical negligence lawyer at Koffels, call 02 9283 5599 or use the contact form below. Consultations are confidential and without obligation.
Related Pages
- Medical Negligence — Compensation and Legal Options in Australia
- What is catastrophic medical negligence — and what is not?
- Anaesthesia complications and medical negligence
- Compensation for misdiagnosed Lisfranc injuries
- Birth trauma and medical negligence in Australia
Frequently Asked Questions
Do I have a claim if the harm I suffered was a known risk of the procedure?
Not necessarily, but not automatically excluded either. A known risk is not the same as negligence. The legal question is whether the provider met the required standard of care – in how the procedure was performed, how the risk was managed, and whether you were properly warned of that risk before you consented. If you were not adequately warned of a material risk and would have made a different decision had you been told, a failure to warn claim may be available regardless of whether the outcome itself resulted from negligence in the procedure.
How long do I have to make a claim?
In NSW the standard limitation period for personal injury claims is three years, but the clock does not necessarily start on the date of the procedure. It starts when you knew, or ought reasonably to have known, that you had a potential claim – which may be the date of a second opinion, a specialist report, or a later diagnosis. If you are concerned about time, seek advice promptly rather than assuming it is too late.
Should I get a second medical opinion before contacting a lawyer?
If you have not already done so, yes – and this is one of the most important steps you can take. A second opinion from an independent medical practitioner can assess whether the treatment you received met the expected standard of care. If a second practitioner identifies that the original treatment was negligent or fell significantly short of professional expectations, that opinion adds considerable weight to a claim. It also helps us assess your matter more quickly and accurately at the initial consultation stage.
Should I gather my medical records before contacting you?
If you have access to your records, gathering them before your initial consultation will save time and allow us to give you a more detailed assessment at that first meeting. You are entitled to request your medical records from any treating provider. If you do not have them or are unsure how to obtain them, contact us anyway – locating and requesting relevant records is part of the work we do in assessing a matter, and you do not need to have them in hand before speaking with us.
Can I make a civil compensation claim on behalf of a family member who has died?
Yes, in most circumstances. Where a person has died as a result of medical negligence, a claim can be brought by the executor or administrator of the estate, and separately by dependants who have suffered financial loss as a result of the death. These are distinct claims with different rules, and the circumstances of the death and the relationships involved affect what is available. Contact us to discuss your specific situation.
Do I need to make a complaint to AHPRA or the Medical Council first?
No. A civil compensation claim is entirely independent of any regulatory complaint process. You can pursue a civil claim without making a regulatory complaint, and a regulatory outcome – including a finding that no action is warranted – does not affect your right to bring a civil claim. If you have already made a complaint and been told no action will be taken, that does not close off your legal options.
How much does it cost?
Koffels acts on a no-win, no-fee basis for medical negligence matters we assess as reasonably likely to succeed. This means legal costs are only payable if your claim succeeds, subject to the terms of the costs agreement. There is no charge for the initial consultation. Out-of-pocket expenses such as the cost of obtaining expert medical reports are discussed transparently before any expenditure is incurred.