When surgery causes harm : Understanding surgical negligence and your rights

FOR many Australians, surgery becomes more common as we get older. Joint replacements, cardiac procedures, cataract surgery and other operations are often essential to maintaining health, comfort and independence.

While most surgeries are carried out with skill and care, mistakes can happen – and when they do, the consequences can be life-changing.

If you or a loved one has been harmed due to a surgical error, it’s important to know that you have rights.

What is surgical negligence?

Surgical negligence occurs when a specialist, hospital or medical professional fails to provide treatment to an acceptable standard, resulting in injury or harm.

Surgery may carry higher risks for elderly patients, those who are seriously unwell, or where treatment relates to trauma or cancer – making proper care and judgment especially critical.

Examples of surgical negligence may include:

Operating on the wrong body part

Performing the wrong procedure

Avoidable damage to organs, nerves or blood vessels

Infections caused by poor hygiene or inadequate post-operative care

Leaving surgical instruments or materials inside the body

Inadequate monitoring before or after surgery

Not every poor outcome is negligence. Surgery always involves some risk. However, if your injury was avoidable and caused by substandard care, you may be entitled to compensation.

The impact on older patients

For seniors, the effects of a surgical error can be particularly serious.

Recovery may take longer, mobility may be permanently affected, and additional care or assistance may be required. In some cases, a surgical mistake can result in loss of independence or the need for long-term support – which is why understanding your options early is so important.

Your legal rights in Victoria

 

Under Victorian law, patients harmed by surgical negligence may be able to claim compensation for:

Pain and suffering

Medical and rehabilitation expenses

Ongoing care and assistance

Loss of income or superannuation

Future treatment costs

Strict time limits apply. Claims generally must be made within three years from when you became aware of the injury, though exceptions can apply. Seeking advice early can make a significant difference.

What should you do if you suspect a surgical error?

If something doesn’t feel right after surgery:

Keep all discharge summaries, reports and prescriptions

Record symptoms and concerns as they arise

Request copies of your medical records

Seek a second medical opinion if needed

Avoid signing documents without legal advice

Many people hesitate to ask questions, but doing so is your right.

Support when you need it most

A surgical injury can be overwhelming, but you don’t have to navigate it alone.

The No Win, No Fee medical negligence team at Henry

Carus + Associates offers compassionate, personalised advice and free initial consultations. A simple conversation can provide clarity and peace of mind.

Learn more or access helpful resources at hcalawyers.com.au

Because when your trust in the healthcare system is broken, You Deserve More.

//SPONSORED CONTENT