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    • Medical Negligence
    • Women’s Health
          • Women’s Health

            We know that there is disparity in women’s health care, treatment, and support. We are committed to improving the lives of women and strongly advocating for their wellbeing.  That is why we take a stand and hold medical professionals accountable when medical care falls short of expected standards by delivering the best outcome in medical negligence claims affecting women.

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    • Hospital Negligence
          • Hospital Negligence

            We understand you may feel let down because you have experienced inadequate or negligent care and treatment in a hospital or medical facility. Your wellbeing is most important to us and we are committed to supporting you with compassion and holding medical professionals accountable for breach of duty and negligent care.

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    • Clinical Support
          • Clinical Support

            Experiencing poor or adverse outcomes from allied health treatment can be distressing and life changing. We are here to support you through your claim and it is our aim to hold allied health professionals accountable for their breach of care by delivering the outcome you deserve to your negligence claims.

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    • I need help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Personal Injury
          • Personal Injury

            If you have been injured because of someone else’s negligence, our specialist team of Personal Injury Lawyers is here to support you with compassion and understanding providing you with the right advice. Our team has substantial experience and expertise in these matters to deliver the outcomes you deserve from your claim.

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    • Work Injury
    • Motor Vehicle Accidents
          • Motor Vehicle Accidents

            We are here to support you and give you the clarity, guidance and the right legal advice if you have been injured in a motor vehicle accident. Our compassionate team of professionals in Personal Injury law have the technical expertise and a wealth of experience to win you the compensation you deserve.

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    • Public Liability
          • Public Liability

            Our specialist team in Personal Injury law is here to support you in accessing proper compensation if you have been injured because of someone else’s negligence. We have cutting edge expertise and experience in public liability claims to deliver the outcome you deserve.

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    • Abuse
          • Institutional Abuse

            We strongly believe that educational institutions must be held accountable when failing to protect children while in their care. If you have experienced institutional physical or sexual abuse, our specialist team in Personal Injury law is here to support you with compassion and offer our technical expertise and experience to deliver the best outcome in your case.

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    • Workers Compensation
          • Workers Compensation

            When you sustain an injury or illness because of work, you may be entitled to  compensation. Our specialist team in Personal Injury Law is here to support you with compassion and understanding with the right advice. We have substantial technical expertise to deliver the best possible outcome from your claim.

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    • School Negligence
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Wills & Estate Planning
          • Wills and Estates

            When we provide advice on estate planning, we believe  in giving advice on options to mitigate the risks of litigation by potentially unhappy family members and protecting your assets from claims. Our legal team is here to support you and address your concerns regarding your estate planning. We have immense experience in these matters, providing you with advice and representation for your unique situation and delivering the best outcomes for your case.

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    • Powers of Attorney
    • Contest A Will
          • Contest A Will

            We have immense experience and specialised knowledge in family provision and wills disputes Where you have not been properly and adequately provided for under a will or where you suspect that the person making the will may not have had capacity or exercised their own free will, you need a lawyer with extensive experience and expertise. Our team of Lawyers will  provide you with advice and representation for your unique situation and deliver the best outcomes for your case.

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    • Probate & Deceased Estates
    • Enduring Guardian
    • Family Provision
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Other Services Overview
          • Conrad Curry Can assist you with a variety of services

            Our solicitors are highly experienced in providing you with expert legal advice and will keep you informed every step of the way. It’s good to know that our firm is trusted and effective with a high success rate.

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    • Professional Negligence
          • Professional Negligence

            We rely on professionals in all aspects of our lives to provide us with proper advice on which to make decisions about our financial and legal affairs. When you are let down by poor advice the results can be devastating.  We are here to support you in your claim for compensation with clarity, guidance and the right advice to achieve the outcome you deserve.

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    • Malicious Prosecution
          • Malicious Prosecution

            We believe in standing up for those people who are falsely accused and prosecuted. Our experienced legal team is here to support you with compassion and provide you with clarity, guidance, and the right advice in your claim for compensation.

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    • General Litigation
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • What to Expect
          • What to expect

            We are your law firm for life. You can count on us for the best legal advice and compassionate support. We understand the challenges you are facing and we want you to know that you don’t have to navigate the often daunting process alone. We are here when you need us. Let us help you find your way forward with our empathetic and efficient approach. Contact us. You can call us on (02) 4050 0330 for a free initial no-obligation consultation or book an appointment online for an in-person consultation or an online video appointment.

  • No Win/No Fee Options

Sub-Standard Care at Residential Aged Care Facilities in the Hunter

We share the Newcastle Herald’s serious concern regarding aged care negligence and “horrifying failures” at “non-compliant” residential aged care services.

https://www.newcastleherald.com.au/story/7968243/aged-care-staff-residents-regularly-assaulted-left-waiting-for-meds-and-meals/?src=rssutm_email=5363

It is important that residents and their families know that they have the right to take action against poorly managed aged care facilities, especially when those facilities are determined to be “sub-standard” and/or “non-compliant” by the Aged Care Quality and Safety Commission (ACQSC).

If you, or someone you know, have suffered physical or psychological injuries as the result of poor or incompetent care at an aged care facility, it is important to understand your potential legal options. It is also essential to act quickly as there are time limits which apply to actions in medical negligence and intentional torts.

 Which Hunter facilities are failing to meet required standards

We understand that all of the following have been identified as “non-compliant” and/or requiring “significant improvements” according to the ACQSC:

  • Bupa Aged Care Waratah – 219 Christo Road, Waratah NSW
  • SummitCare Wallsend – 7 Bent Street, Wallsend NSW;
  • BaptistCare Warabrook – 24 Casuarina Circuit, Warabrook NSW;
  • Alton Lodge Cooranbong – 549-551 Freemans Drive, Cooranbong NSW;
  • Uniting Irwin Hall Mayfield – 13-15 Section St, Mayfield NSW; and
  • Anglican Care McIntosh Court – 87 Toronto Rd, Booragul NSW

What were the complaints which have been substantiated?

There have been a range of failings identified by staff, residents and loved ones regarding sub-standard living conditions and health care, including but not limited to the following:

  • Regular assaults on residents and staff;
  • Residents found to be in severe, untreated pain;
  • Residents found with “oozing” and infected wounds;
  • Improper use of restraints, including “chemical restraints” (which involves the improper use of medication to sedate patients/residents often used instead of actually identifying and treating the source of their irritation/behaviours);
  • Poor management of people with advanced Alzheimer’s disease and dementia;
  • Poor or virtually non-existent nursing care, including management of in-dwelling urinary catheters;
  • Failing to manage residents with chronic conditions, such as diabetes;
  • Failing to monitor general health of residents, including dangerous weight loss;
  • Failing to protect residents against repeated violence and abuse.

What have the authorities done to protect the public from dangerous residential aged care negligence and what more can be done?

Regrettably, the answer at this point in time, is “not enough”.

  1. Residents and their families may wish to get involved with the public consultation process on revised Quality Standards: https://www.agedcarequality.gov.au/news/latest-news/public-consultation-launches-revised-quality-standards

According to its website, The Department of Health and Aged Care is conducting a public consultation for the revised Aged Care Quality Standards from 17 October – 25 November 2022.

  1. Residents and their families can also contact the Aged Care Quality and Safety Commission (ACQSC), to make formal complaints: https://www.agedcarequality.gov.au/making-complaint
  2. There was a Royal Commission into Aged Care Quality and Safety
    (8 October 2018 – 26 February 2021). It has now been more than
    18 months since the Commission’ final report was issued, including 148 sweeping recommendations to reform aged care and other residential care services.

Our view is that all levels of government must do better to protect our most vulnerable loved ones in aged and other residential care services.

Unfortunately, these services are run for profit and providing adequate staffing and care is clearly not as profitable as the alternative. Until government regulations, fines and sanctions reach a level which makes it unsustainable for an aged care service to continue operating under a cloud of complaints and adverse findings, it does not seem likely we will see much improvement.

In these circumstances, ageing Australians and their families are encouraged to educate themselves, as being forewarned is forearmed.

What else can residents and families do?

Residents and families affected by sub-standard or non-compliant residential aged care facilities have a number of potential avenues of recourse:

  • Make a formal complaint (as outlined above).
  • Organise to transfer to other, higher performing facilities.
  • Court Proceedings for Damages – residents and their families can make a common law claim in medical negligence and/or intentional tort for injuries as the result of poor health care and negligence – as well as assaults and trespasses perpetrated against them.

If a resident or close family member claims damages for personal injuries that they have received as a result of either medical negligence or intentional tort, they could seek compensation for any losses caused by the injuries, including:

  • the loss of income or income earning capacity;
  • the care they require and are provided (either commercially or by their loved ones);
  • and for loss of enjoyment of life, pain and suffering.

What are the steps in making a claim against a residential aged care facility?

Contact Us
We can speak with you either in person, by audio visual means, or by telephone, by way of a free initial consultation – in order to understand the circumstances of your potential claim. We will talk to you about your case and advise initially whether we think the case is worth your while to investigate.

Obtain Your Clinical Notes
If we agree that your case has prospects of succeeding, we will request your relevant clinical records (as well as any relevant police records). Once we have reviewed those records thoroughly, we will advise you whether we think there is merit in pursuing a claim.

Court Proceedings
Once we have the supporting documents and evidence necessary to commence court proceedings, we can do so on your behalf and act for you in those proceedings until the case is resolved.

Are there time limits in making a claim against residential care facilities?

Yes, generally three (3) years from the date on which a personal injury becomes discoverable, and not more than twelve (12) years after the offending took place.

It is extremely important to speak with a solicitor as soon as possible if you think you have a claim in regards to aged care negligence.

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