Dr Simon Gordon Gynaecological Investigation

If you had endometriosis or pelvic pain surgery with Dr Simon Gordon at Epworth or Endo Health in Melbourne and are feeling unsure or distressed about your treatment or outcome, it may be helpful to seek legal advice from one of our experienced medical negligence lawyers. 

Medical negligence claims can be complex and depend on specific legal and medical factors. This includes whether the treatment met appropriate professional standards and whether any harm was caused as a result. 

Speaking with an experienced medical negligence lawyer can help you understand whether your circumstances may entitle you to a claim and what legal options, if any, may be available.

We understand that questions about past surgery can be confronting and upsetting. If you would prefer to speak with an independent support service, Women’s Health Victoria has established a confidential Endometriosis and Pelvic Pain Surgery Concerns Line on (03) 9664 9330 for patients seeking information and emotional support.

If you are experiencing emotional distress, you may also contact Lifeline on 13 11 14 or Beyond Blue on 1300 22 4636 for 24-hour support.

If you would like legal advice, you can contact our expert medical negligence team using the form below or call us on  1800 111 222 for a confidential, no-obligation discussion. 

Whether medical treatment amounts to negligence is not usually something that can be determined without a careful legal and medical assessment.

Medical negligence claims require more than showing that a mistake may have occurred. The law also requires evidence that the mistake caused harm and that the outcome would likely have been different if appropriate care had been provided.

When considering this, it can be helpful to have information such as:

• Hospital and surgical discharge summaries
• Letters or reports from your surgeon and GP
• Pathology reports
• Records of any further procedures, complications, or ongoing symptoms
• Notes about how your health, work and daily life have been affected

Don't worry if you don't have these documents yet, they can often be obtained if needed.

In some cases, after reviewing the available information, there may be a concern that the outcome would have been the same regardless of the treatment provided. In such cases, the legal requirements for a medical claim may not be met. This is something that can usually only be assessed after considering the full circumstances.

You may also wish to seek a second opinion from another lawyer. You can contact the Law Institute of Victoria's referral service on (03) 9607 9311 or visit liv.asn.au.

If you wish to obtain copies of your medical records, you can make a written request directly to the treatment provider.

For private practitioners and private hospitals like Dr Gordon and the Epworth Hospital, requests are generally made under the Health Records Act. For public health services, records are commonly requested under the Freedom of Information Act. The treatment provider is then legally obliged to provide a full copy of your medical records within 45 days. Please note that the provider can charge an access fee.

If you have difficulty obtaining your records or are unsure which process applies, a lawyer may be able to provide guidance. 

If you have concerns about a health practitioner's conduct or treatment, you may also consider raising those concerns with the Australian Health Practitioners Regulation Authority (AHPRA).

AHPRA is responsible for managing complaints about registered health practitioners and assessing whether regulatory action is required. Making a complaint is separate from bringing a medical negligence claim and may have different processes, outcomes, and time limits.

AHPRA can be contacted on 1300 419 495 or via ahpra.gov.au for information about lodging a complaint.

There are legal time limits for lodging a medical negligence claim, but these limits are not always based simply on the date of surgery. 

In many cases, the time limit depends on when you first became aware, or reasonably should have become aware, that you suffered a significant injury and that it may have been caused by medical treatment. 

Because of this, surgery that occurred many years ago may still fall within time limits in some circumstances.

If you have concerns about past surgery or medical treatment, it’s important to seek legal advice from an experienced medical negligence lawyer as soon as possible.