Medical Negligence

Under NSW law, catastrophic medical negligence involves severe and permanent injuries directly caused by a healthcare provider’s significant breach of duty.

Catastrophic injuries typically require lifelong medical care and severely impact individuals’ independence and quality of life.

1. What counts as Medical Negligence – and what does not

• Severe Brain Injury: E.g., permanent cognitive impairment due to hypoxic brain injury or misdiagnosed stroke.
  • Catastrophic: Permanent brain damage causing ongoing functional impairment.
  • Not catastrophic: Minor concussions or temporary confusion resolved quickly.
• Spinal Cord Injuries: E.g., permanent paralysis (paraplegia, quadriplegia).
  • Catastrophic: Permanent loss of limb function.
  • Not catastrophic: Temporary spinal discomfort or recoverable nerve damage.
• Severe Birth Injuries: E.g., cerebral palsy or severe nerve damage.
  • Catastrophic: Lifelong impairment, such as severe cerebral palsy.
  • Not catastrophic: Minor birth trauma resolved without lasting impairment.
• Amputation: Resulting from surgical error or untreated severe infection.
  • Catastrophic: Loss of limb significantly affecting mobility and independence.
  • Not catastrophic: Minor injuries fully recovered without functional loss.
• Loss of Sight or Hearing: Due to negligent treatment or missed diagnosis.
  • Catastrophic: Total or profound permanent vision or hearing loss.
  • Not catastrophic: Temporary visual/hearing impairment fully resolved after treatment.
• Permanent Organ Damage: Irreversible organ failure due to delayed or incorrect treatment.
  • Catastrophic: Permanent dialysis due to kidney failure or permanent liver impairment.
  • Not catastrophic: Temporary organ dysfunction fully recoverable with treatment.
• Severe Psychiatric Injuries: Persistent conditions such as PTSD.
  • Catastrophic: Chronic PTSD or severe depression requiring long-term treatment.
  • Not catastrophic: Temporary distress or anxiety resolved without intervention.
• Severe Burns and Disfigurement: Extensive burns or disfigurement from medical errors.
  • Catastrophic: Permanent scars causing severe functional impairment or disfigurement.
  • Not catastrophic: Minor scarring without significant functional impact.
• Fatalities: Leading to wrongful death claims.

2. Catastrophic Medical Negligence vs. Medical Malpractice: What’s the Difference?

• Medical Malpractice (General): Refers broadly to negligence or errors by healthcare providers, ranging from minor temporary injuries to severe complications.
• Catastrophic Medical Negligence (Specific): A severe subset of medical malpractice resulting in permanent, life-changing disabilities or death, typically involving extensive compensation and care needs.

Example of this Contrast:

• Medical Malpractice: Temporary surgical complications resolved within weeks.
• Catastrophic Medical Negligence: Surgical errors leading to permanent paralysis or irreversible organ damage.

Need clarity on whether your experience qualifies as catastrophic medical negligence?

Call us during Sydney office hours to speak directly with our team on 02 9283 5599, or simply fill out the free and confidential call-back request form below. We’re here to help you understand your options and take the next step toward justice.