Can I sue a nursing home for the death of a person?

On 5 October 2018 a visitor to our website posted a question to us in our ‘What Duty of Care does a Nursing Home Have?’ article.  The person asked:

What if an aged care facility has admitted administering an overdose of medication by an incompetent staff member, that I strongly believe exasperated her early demise?

So, can a person sue a nursing home because they caused a death?   Yes.  A nursing home can be sued if their negligence has caused the death.  They can also be sued for a psychological injury caused to a person because of the death.

For more information on the duty of care owed by a nursing home, see our article ‘What Duty of Care does a Nursing Home Have?

For more information or to make an appointment in either our Canberra or Queanbeyan office please do not hesitate to contact Matthew Bridger or Thomas Maling:

p: +61 2 6206 1300 | e:

Psychological injury because of death to family member

Can you sue someone because death of a family member has caused you a psychological injury?    Yes.

The law recognises that if a person’s negligence caused the death of another person, then certain people who develop a mental illness because of the death may be able to claim for compensation for medical treatment, loss of wages and their pain and suffering.  These claims are called mental harm claims.

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For more information or to make an appointment in either our Canberra or Queanbeyan office please do not hesitate to contact Matthew Bridger or Thomas Maling:

p: +61 2 6206 1300 | e:

Medical Negligence Lawyers for South East NSW

Elringtons is the only South East NSW personal injury law firm specialising in health and medical law, particularly medical negligence claims.

Even though we’re based in Queanbeyan and Canberra, we travel to all areas of South East NSW to see our clients, including:

  • Bega
  • Cooma
  • Merimbula
  • Eden
  • Bombala
  • Yass
  • Goulburn


For more information or to make an obligation free appointment, please do not hesitate to contact Matt Bridger or Tom Maling:

Other Elringtons Services

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Hospital Complications and Medical Negligence

By Tom Maling

According to new research from the Grattan Institute, almost 11% of all people hospitalised have a complication while in hospital. This equated to approximately 74,000 people in January 2015, a staggering number. While not all complications (thankfully) will have lasting consequences for patients, in our experience some do.

A medical negligence claim can help pay for the cost of picking up the pieces after a hospital complication, such as paying for further treatment, covering loss of wages and compensating your pain and suffering.

elringtons health and medical law

elringtons has represented people injured by hospital complications in medical negligence claims for many years. We are different from other law firms because we have:

  • Inside knowledge about the health industry;
  • University acquired knowledge about injuries and disease;
  • An understanding of how healthcare should be provided; and
  • A proud history of success for clients in the Canberra, Queanbeyan and South East NSW regions.

We understand the impact of negligence on our clients.  We use this knowledge to build a rapport with you, to work with you, and to help you obtain compensation for your injuries.

Matt Bridger and Tom Maling represent clients in medical negligence claims.  We act for Canberra and the surrounding regions including NSW residents from Queanbeyan, Batemans Bay, Goulburn, Yass, Cooma, Bega and Merimbula areas, in both ACT and NSW claims.

Matt is an Accredited Specialist in Personal Injury Law and has over 25 years of experience representing people in medical negligence matters, including small claims right up to multimillion dollar catastrophic injury claims.  He has great medical knowledge across a whole range of areas and has conducted cases in general surgical, birth and obstetrics, dental, orthopaedics, pharmacological and cardiology negligence.  Tom completed training as a Registered Nurse and has experience in hospitals and nursing homes.  He also represents our clients on all medical negligence and treatment dispute claims.  Our experience means we have insight into health issues, health service delivery, and most importantly our client’s experiences.

Please contact Tom Maling for further information:

p: +61 2 6206 1300 | e:

Further elringtons articles

Other Resources

elringtons health law update – adverse effects from Implanon and Mirena

By Tom Maling

A 12 December 2017 ABC investigation report has exposed that Australian women are experiencing serious side effects from the long-acting contraceptive devices Implanon and Mirena.

The ABC report detailed that Australian women have experienced chronic pain, pelvic inflammatory disease, scarring, unintended pregnancies and depression following insertion of these devices.

The report is the latest to put a spotlight on a medical device for women that has been found to cause serious side effects. Another well-known example is the pelvic mesh device. Another, perhaps lesser known, is the Essure device. Earlier in 2017 elringtons lawyers wrote about the side effects that some women experienced after insertion of the Essure permanent contraception implant device (see elringtons health law update – hazard alert for Essure contraception implant device).

It goes without saying, if you think you have experienced a side effect from an Implanon or Mirena advice, you should seek medical help immediately. For those who have experienced additional costs as a result of a side effect such payment for extra treatment, time off work or even pain and suffering, compensation may be available. A medical negligence claim can help put you back to where you would have been without the side effect (as much as money can).

We have put together a range of articles to help health consumers understand their rights and remedies following negligent treatment. We hope the following help you understand more about your rights:

Please feel free to contact Tom Maling for further information or to discuss your circumstances.

Further information:

p: +61 2 6206 1300 | e: