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:

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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:

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Comcare Overpayment or Comcare Debt?

Just because Comcare has sent you a debt letter claiming for an overpayment does not necessarily mean you have been overpaid and owe them money.

Elringtons is looking for people who have been sent overpayment letters for a new type of Federal Court claim. We want to help people who, through no fault of their own, have been burdened with a debt claim by Comcare in unfair circumstances.

About Us

We are specialist Comcare Lawyers. We represent clients in a range of matters involving physical and psychological injuries. Matt Bridger and Tom Maling are our lawyers who work with clients in Comcare matter. For more information about us, please see our Comcare homepage.

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

Other Elringtons Articles

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NSW Workers Compensation

The NSW workers compensation scheme is complex. However, there is a legal aid type scheme to help injured workers in NSW obtain legal assistance, in order to understand their rights and entitlements. This means you do not pay legal fees. The scheme is administered by the Workers Compensation Independent Review Office (WIRO). We routinely obtain funding from WIRO to represent NSW workers compensation clients to:

  • Investigate claims for weekly benefits, medical treatment or permanent impairment;
  • Dispute insurer decisions where liability is denied, treatment is declined or where entitlements are ceased; and
  • Commence proceedings at the NSW Workers Compensation Commission.

Obtaining Legal Assistance

WIRO funding covers your legal fees as well as things such as expert reports and clinical records.  In order to access this funding, simply contact us to book an initial consultation.  In that consultation, we will discuss important facts such as:

  • When you were injured and how.
  • Whether you have already made a workers compensation claim in relation to your injury, and if so, what was the outcome.
  • What assistance you require.

Once we have identified the nature of your claim, and providing we consider you have some prospects of success, we make an application on your behalf to WIRO. The aim of the scheme is to ensure all NSW workers are fully appraised of their rights and entitlements following a workplace injury.


An injured worker may be eligible for all or some of the following payments:

  • Weekly benefits
  • Medical or related treatment
  • Occupational rehabilitation services
  • Travel expenses to attend appointments for medical and other treatment
  • Lump sums for permanent impairment
  • Damages under general law
  • When the injury results in the death of the worker, the dependent family members may be eligible for death benefits and/or funeral expenses

elringtons can help you

Because of the legal aid type scheme for injured works in NSW, it will cost you nothing to speak to us. We have represented clients to:

  • Establish liability for injuries;
  • Dispute denial of medical treatment;
  • Dispute cessation of weekly benefits;
  • Obtain expert opinions about injuries;
  • Obtain permanent impairment assessments; and
  • Obtain lump sum compensation following a death of a family member.

We understand the impact a workplace injury has on your life: physically, emotionally, and financially.  We use this knowledge to build rapport with our client. Matthew Bridger and Tom Maling represent clients in NSW workers compensation matter.

Matt Bridger is an accredited personal injury specialist by the NSW Law Society. He has over 25 years’ experience helping injured NSW workers. His experience enables him to provide expert and timely advice to assist injured workers.  Tom Maling, who trained as a Registered Nurse and uses his health knowledge to understand your injury experience and advocate on your behalf.  Tom also has a particular interest in working with client’s who have received a psychological injury at work.

Please do not hesitate to contact Matt Bridger or Tom Maling to discuss your circumstances.

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Further Reading

Canberra Comcare Lawyers

By Tom Maling

Commonwealth and ACT public servants are covered under the Comcare system for workplace injuries. At Elringtons, we have the expertise and experience to assist people with Comcare claims, including:

  1. Initial claims
  2. Psychological injury claims
  3. Reconsiderations when Comcare denies a claim
  4. Reconsiderations when Comcare ceases entitlements
  5. Merits reviews at the Administrative Appeals Tribunal
  6. Comcare debts
  7. Federal Court Appeals

Please see the below tabs for more information on Comcare claims or feel free to contact us to speak to Tom Maling.

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

Further reading

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