Nervous shock claims as a result of medical negligence

If a family member of yours has been negligently treated by his/her doctor and a family member has suffered a recognised psychiatric illness as a result, they may be able to receive compensation.

Nervous shock claims can be brought by persons who have witnessed, at the scene, a victim being killed, injured or put in peril if it is accepted by the Court that they have a genuine psychiatric illness arising from a circumstance that the defendant ought to have foreseen to be capable of causing a person of normal fortitude to suffer a recognisable psychiatric illness if reasonable care were not taken.

In addition, if a recognised psychiatric injury is suffered by a close member of the family of the victim who was killed, injured or put in peril, they need not have witnessed, at the scene, the relevant event.

A close member of the family of a victim includes a parent of the victim or other persons with parental responsibility for the victim, or the spousal partner of the victim, or a child or step-child of the victim or any other person for whom the victim who has parental responsibility. The definition extends to siblings, half-brothers or half-sisters, step-brothers and step-sisters.  A “spouse or partner” is defined as a husband or wife or a de-facto partner.

Claims for damages for pure mental harm or nervous shock should only be brought by individuals who have suffered very significant psychological injury as a result of a particular event.  Appropriate compensation can be awarded to persons with significant injuries that negatively impact upon their ability to earn an income and which give rise to significant medical expenses.

McAuley Hawach Lawyers has experience acting for injured individuals since 2010.  If one of your family members has been affected by a psychiatric injury, which was a result of the negligence of a doctor in his/her treatment of a loved one, please contact us for a free initial consultation.  We act in nervous shock claims on a “no win/no fee” basis.

By Bernard McAuley
McAuley Hawach Lawyers
11 Fennell Street, Parramatta NSW 2124
Telephone: (02) 9633 1826

The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources. If you do not wish to receive newsletters from us, please let us know.

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