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When someone suffers harm due to a medical professional’s negligence, the effects often ripple out to those around them.
A nervous shock claim provides compensation if you develop a psychiatric condition after your loved one suffers a serious injury, illness, or death due to medical negligence.
It’s important to note that you cannot make a nervous shock claim if you were directly injured by a medical professional. However, you may have a separate medical negligence claim instead.
If your loved one’s been injured by medical negligence, contact us today. With decades of experience and expert training in both psychiatry and law, our legal team is uniquely equipped to handle your nervous shock claim. Our resources include Australia’s largest network of medical experts, providing strong evidence to bolster your case. The result is hundreds of nervous shock claims successfully finalised over the last 25 years.
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You may be eligible for a nervous shock claim if you’re a close relative of someone who was killed, injured, or put in danger due to a medical professional’s negligence.
‘Close relatives’ generally include:
Parents or legal guardians.
Spouses or partners.
Children, step-children, or anyone the victim has parental responsibility for.
Siblings, half-siblings, and step-siblings.
The exact definition of ‘close relatives’ varies from state to state. For example, in Victoria, ‘close relatives’ also refers to aunts, uncles, cousins and even close friends. If you’re unsure whether you qualify for a claim, speak to one of our specialist lawyers today.
To succeed in your claim, you’ll need to demonstrate that you developed a recognised psychiatric injury as an emotional response to your relative’s negligent medical treatment.
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Find out if you’re eligible for nervous shock compensation today.
Below are some of the most common cases of medical negligence that can lead to psychiatric injury in close relatives. If your loved one was harmed, became ill, or died in any of these situations, you may have a nervous shock claim.
Misdiagnosis or delayed diagnosis: if a medical professional misdiagnoses a condition, fails to diagnose it, or the diagnosis is unreasonably delayed. Importantly, you can only make a nervous shock claim if the medical professional’s failure negatively affects the patient’s health or prognosis.
Surgical errors: critical mistakes during surgery can lead to severe complications, paraplegia, quadriplegia, or death. Those injuries may, in turn, psychologically affect those around the injured person.
Birth defects: inadequate pre-natal treatment can result in birth defects. The parents of these children may have a nervous shock claim if they are unable to work or their child requires ongoing care.
Birth injuries: medical negligence during delivery can cause harm to both the mother and child. While the mother or baby may have a medical negligence claim, the other parent or close family members can bring a nervous shock claim.
Emergency room negligence: inadequate emergency care can lead to severe injury or preventable death.
Unnecessary or botched procedures: unnecessary or botched procedures may cause significant harm and require extensive follow-up treatment.
These are just some of the nervous shock cases we have handled over the years — there are many more situations where you may be able to claim.
If you’re unsure whether you’re eligible, speak to one of our lawyers today. As experts in medical negligence and nervous shock, we have the experience to determine whether you have a claim and how much you could be entitled to.
What conditions qualify for a nervous shock claim?
For over 25 years, we’ve been assisting witnesses and family members with nervous shock claims. Some of the conditions frequently seen in successful claims include:
Anxiety
Depression
Adjustment Disorder
Post-Traumatic Stress Disorder (PTSD)
If your condition isn’t listed here, don’t worry — this is not an exhaustive list. If you’ve developed a psychiatric condition due to medical negligence, you may be entitled to compensation.
Lily receives $900,000 for PTSD caused by negligent hospital care
Lily’s husband, Albert, went to the hospital with calf pain and shortness of breath but was quickly discharged. When he returned the next day with similar symptoms, tests revealed a major blood clot and right heart strain. Sadly, Albert suffered a heart attack and passed away shortly after. As a result of her husband’s death, Lily developed severe depression and PTSD.
Our medical negligence team gathered expert evidence to demonstrate that proper investigations at the hospital could have prevented Albert’s death. We also established that Lily's condition was directly caused by the hospital’s negligence.
Additionally, we helped Lily make a ‘compensation to relatives’ claim for the financial impact of Albert’s passing. Ultimately, both cases were settled at mediation for $900,000.
The compensation you receive for a nervous shock claim can vary significantly, ranging from tens to hundreds of thousands of dollars. The specific amount depends on the unique details of your situation.
Importantly, nervous shock compensation covers more than just economic losses; it also addresses the overall impact of the condition on your life.
Your total compensation may include:
Lost income: both past and future earnings, including superannuation.
Pain and suffering: compensation for the emotional effects of your injury.
Care and support: professional care or help from family and friends, as well as compensation if you're unable to care for someone who depends on you.
Other related expenses: such as medical costs, travel expenses, and any necessary modifications to your home or vehicle.
How to make a nervous shock claim
While every nervous shock claim is unique, your claim will likely go through the following steps.
Before starting your claim, we strongly suggest speaking with a lawyer who specialises in nervous shock claims. We’ll help you understand your options and assess your chances of success. During a free consultation, we’ll also check if you qualify for any extra claims like income protection or Total and Permanent Disability, ensuring you get the full compensation you deserve.
To support your claim, you must provide expert evidence to prove:
The incident was caused by medical negligence: the incident must have resulted from the medical professional’s negligent act or failure to act.
You developed a psychiatric condition: you’ll need to prove that the medical negligence caused you to develop a recognised psychiatric condition. You should also provide evidence showing this condition affects your day-to-day life.
Your relationship to the victim: if you’re claiming as a close relative, you must prove your relationship to the victim. If you’re claiming as a witness, this won’t apply.
Unfortunately, nervous shock claims often require more detailed evidence than physical injury claims. That’s why we collaborate with a national network of doctors, psychologists, and medical experts.
We handle the upfront costs of these experts, so you won’t have any out-of-pocket expenses.
Once you’ve collected all the required evidence, we’ll help you file your claim against the medical professional.
The insurer will then launch its own investigation, which may involve examining medical reports and witness statements. They may also request a medical evaluation by a psychologist of their choice. Your lawyer will support you throughout this process, making sure that you only participate in necessary and pertinent assessments.
You’ll need to participate in a mandatory pre-court mediation with the insurer. To make this process as smooth as possible and secure the best outcome, your lawyer will manage all negotiations on your behalf.
With our thorough preparation and extensive experience in nervous shock claims, your claim will likely be resolved during mediation. However, if the insurer still doesn’t offer fair compensation, we’re prepared to take your claim to court.
Nora secures lump sum after husband dies from bad medical advice
Nora’s husband, Jason, had a heart condition that required daily DAPT therapy. When he went in for a routine colonoscopy, his surgeon advised stopping DAPT before the procedure. Tragically, this led to complications and Jason’s eventual death. After the loss of her husband, Nora developed depression and could no longer care for herself.
We used expert reports to show that the surgeon’s recommendation was negligent and contributed to Jason’s death. Our experts also confirmed Nora’s depression was directly related to her husband’s loss.
At this time, we also helped Nora make a ‘compensation to relatives’ claim for the financial impact of Jason’s death. In the end, we secured a $550,000 settlement for Nora, covering her wages, medical expenses, and ongoing care.
Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’
Leon Monaco
Managing Partner
English, Russian
Workers Compensation, TPD, Motor Vehicle Accidents, Public Liability
The cost of your nervous shock claim depends on how complicated it is and the time it takes to resolve. But no matter what, you’re always protected by our No Win No Fee guarantee.
No upfront costs: we cover all expenses, including expert fees and legal costs — and you’ll pay nothing unless we win your claim.
Transparent fees: we provide a clear breakdown of our fees from the outset.
Avoid court costs: we resolve most claims through mediation, saving you the time, stress and expense of court.
Reduced legal fees: we usually recover our legal fees from the other party, so you keep more of your compensation.
90-day trial: try our services risk-free for 90 days. If you choose to cancel within this period, you won’t be charged.
If your loved one is seriously injured or dies due to medical negligence, you might be eligible for a ‘dependency’ claim on top of your nervous shock claim. This is also known as a ‘compensation to relatives’ claim.
While nervous shock claims address the psychological effect of a traumatic event, dependency claims deal with the financial impact of your loss.
Typically, you must be a close relative of the victim to qualify for a dependency claim. This includes parents, spouses, partners, or children. A successful claim can provide compensation for lost financial support, loss of companionship, and emotional distress.
If you’re struggling after the death or serious injury of a loved one, we’re here to help. In a free consultation, our lawyers can explain if you qualify for a dependency claim and what compensation you might be entitled to.
Frequently asked questions
Time limits apply to all medical negligence nervous shock claims, and these limits vary based on your case’s specifics and your state. For instance, in NSW, if your claim is related to a loved one’s serious injury or illness, you have three years from the date of the medical negligence to file your claim. If your loved one has passed away due to medical negligence, you must start your claim within three years of their death.
If you’re outside the time limit, you can apply to the court for an ‘exception’. To determine whether you qualify, the court may look at:
Your access to proper legal counsel.
Any efforts you made to seek medical or legal advice.
The duration of your delay.
The extent and severity of your injuries.
Whether the medical professional advised against suing.
We strongly recommend consulting a lawyer before filing a delayed claim. A nervous shock specialist can identify the best exception for your case and petition the court on your behalf. Over the years, we’ve successfully resolved many delayed claims for our medical negligence clients.
As part of our comprehensive service, we always find your additional claims. These may include:
Income protection claims
If you’re temporarily unable to work because of your psychiatric condition, you may qualify for an income protection claim. This means you may receive:
Monthly wage-replacement payments.
Up to 75% of your usual income, including superannuation.
Payments for a specified duration, such as 2 years, 10 years, or until you reach retirement age.
Total and Permanent Disability (TPD)
If your psychiatric injury permanently stops you from working, you might be eligible for a Total and Permanent Disability (TPD) claim. Unlike income protection or weekly workers compensation payments, a TPD benefit provides a significant lump sum to support you for life. This coverage is often included in superannuation policies, so you might already have coverage without realising it.
For anyone facing medical negligence issues, I highly recommend Monaco.
I contacted Monaco in regard to a complex negligence claim. The team at Monaco were both approachable and professional. Their knowledge and commitment gave me confidence and a strong case, which ultimately led to a successful outcome.
I would highly recommend Monaco for any cases of medical negligence.
I am forever thankful! God bless you for being there for me whenever I called.
Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.
I was completely surprised and also delighted by the outcome. Thank you so much, Monaco Compensation Lawyers. You changed my life forever; for the better. We were extremely successful and I am forever thankful. God bless this amazing team.
They were always ready to help with paperwork and answer any questions.
The staff at Monaco solicitors are very respectful, courteous, knowledgeable and professional. They were always able to help me with the paperwork on my case and always available to assist with any questions I had. They explained all the details of the process as it came up. I have no hesitation in recommending them to anyone who has a medical issue.
Easy and supportive define my experience with Monaco.
My experience with Monaco Solicitors has been very rewarding. My solicitor was Lucy, who was so easy to communicate with throughout the process. On mediation, she was so supportive. I certainly would recommend Monaco Solicitors to anyone who feels they may have a potential Medical Negligence claim.
Thank you for accomplishing so much in such a short time.
Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.
I was at rest in a very stressful situation, a bad situation. It was made to cope with because of the professionalism displayed at every turn by this super supportive team.
A Massive thank you to Daniella from me personally for all that you were able to accomplish in such a short time. To say I owe you is an understatement.
Good result! We had a complicated claim but they got the job done.
My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.
Their communication was fantastic, and they would always let us know when they had an update or when they expected an update. If I had a question Ben was always happy to answer to the best of his knowledge and do extra research if he was un-sure. We went with Ben because he specialized in super and feel that he did an awesome job with our claim, I would definitely recommend Ben and his team. He was very professional but also had some empathy and understanding which was nice 🙂
I knew it from the very first phone call: I had found a compassionate law firm.
Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.
From the very first phone call, I was treated with respect and I was always kept in the loop of the status of my claims, Early Release of Super & TPD. Both claims have been successful.
They helped me juggle my injury claim and my mum's full-time care.
I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.
Everyone I dealt with were so kind and helpful. They helped me where I was finding things difficult due to caring for my mum. They kept me up to date on what was happening.
Monaco Solicitors are very professional and I would recommend them if you are looking for a good solicitor.
Monaco helped me get much more compensation than I expected.
Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.
Monaco Lawyers were keen to help me, understanding and easy to work with. I received more than I thought I would get with the help of one of the Monaco Lawyers who knew exactly what she was doing, and fought on my behalf for a very good outcome.
I continue to have problems with my foot, but I feel I have received justice for something that was completely not my fault.
They gave it their all and the result was even better than expected.
At all times during this long process, I felt supported by the solicitors and barrister assigned to me. At mediation, it became clear that my team were doing all they could to get the best possible outcome for me. At settlement, they did better than I expected.
For over 25 years, we’ve helped Australians win nervous shock claims against negligent medical professionals. As part of our comprehensive service, we will:
Clarify your rights and potential claims.
Gather strong evidence of medical negligence.
Use our network of experts to prove your psychiatric condition and its impact.
Handle negotiations with the medical professional’s insurer.
Appeal if your claim is denied or the offer is unfair.
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Midwife and hospital staff responsible for child’s chronic illness
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Mary secures settlement for delayed cancer diagnosis in just 8 months
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Client secures out-of-Court settlement for botched surgery
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Both dentist and hospital held responsible for poor surgery aftercare
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Hospital compensates mother after failing to recognise signs of foetal distress
Sarah lost oxygen to her brain during childbirth. Hospital staff had failed to recognise early signs of foetal distress and Sarah developed foetal hypoxia as a result....
After Nora’s husband died from bad medical advice, she successfully sued the hospital for her depression
Nora's husband, Jason, tragically died after a routine colonoscopy. She experienced severe depression after his loss and could not work or care for herself. We helped Nora...
Use our online claim checker to instantly find out if you have a claim. Alternatively, just give us a ring — our expert lawyers are always ready to answer your questions.
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