Posted on 13 Sep 2021
Hundreds of women harmed by disgraced former NSW surgeon Emil Gayed can finally seek justice and redress for his negligent medical treatment which resulted in devastating injuries. Slater and Gordon has negotiated a redress scheme where the NSW Government will compensate individuals harmed by Gayed between 1996 and 2016.
Slater and Gordon Class Actions Senior Associate Dr Ebony Birchall said about 100 women had already come forward to the firm having suffered appalling and avoidable injuries as a result of Gayed’s unchecked, negligent treatment and the NSW Government’s failure to regulate Gayed.
“If the health system had stopped Gayed earlier, hundreds of women who endured traumas including the unnecessary removal of organs, incorrect medical procedures and avoidable surgical injuries such as perforated organs, would not have been harmed. The damage he caused has turned hundreds of women’s lives upside down and these injuries are permanent. Insufficient regulation and a lack of action within our health system led to him being able to move around causing further chaos and devastation wherever he practiced,” Dr Birchall said.
“We hope these women the system failed to protect can finally gain some closure on a chapter in their lives that should never occurred. For many, these injuries are lifelong, and some have resulted in infertility. The consequences have been catastrophic, with some of the experiences truly heartbreaking.
“If you believe you were harmed as a result of Emil Gayed’s negligent surgery or treatment, you now have until 8 December to join the scheme and have your claim assessed to determine what entitlements you have to compensation for what occurred.”
The scheme was established after Slater and Gordon proposed a potential class action against NSW Health and the NSW medical regulators, which has been agreed on following extensive negotiation with the NSW Government, offers women an efficient, accessible and private compensation process, without the risks, legal costs, publicity or delays of a court process.
Dr Birchall said there had been reports about Emil Gayed’s conduct going back decades, but it was only through the brave perseverance of the women affected, that their stories were being heard and their injuries finally recognised and compensated.
“The redress scheme will go some way to acknowledging the pain and suffering Emil Gayed caused to so many women, and allow them to start focusing on their futures. While we were confident that a class action would have shed light on the years of regulatory failure, the scheme which we have negotiated is specifically designed to accommodate the needs of our clients, who have suffered very intimate injuries at the hands of Gayed,” Dr Birchall said.
“The scheme will allow each woman’s individual circumstances to be assessed and finalised quickly, in a discreet and compassionate way, without them having to endure a long, costly and public court battle. Regulation of medical practitioners needs to be improved to ensure this doesn’t happen again, or the State of NSW will face further liability for regulatory failure.”
Mr Gayed predominately worked throughout public hospitals on the mid-north coast of NSW, Cooma, Taree, Kempsey and Grafton, as well as Mona Vale Hospital in Sydney. His registration as a medical practitioner was suspended in 2018 following a NSW Civil and Administrative Tribunal decision.
Those who wish to be part of the redress scheme should visit www.slatergordon.com.au/gayed and fill in their details.
Media Contact Anna Chisholm (03) 9602 8683/ 0437 801 093