$300,000.00 Settlement for Hills Shire man following negligent clinical management at Major Sydney hospital
Published 17 Sep 2015
This case involves the development of a critically serious MSRA infection at a cannula site due to a failure of a major Sydney Hospital to appropriately follow NSW clinical guidelines.
Our client, a 65 year old man, was admitted to a major Sydney hospital on 5 November 2011 for testing with non-serious symptoms. Upon admission to a ward he was provided with intravenous therapy, essentially fluids were provided to him through a cannula. This cannula remained in his arm for a week.
After admission for a week our client’s condition began to worsen and eventually it was realised that he had contracted a serious MSRA infection. This infection resulted in critically serious consequences for our client including sepsis, respiratory failure, loss of liver function, arthritis in hip ultimately resulting in a hip replacement and many more severe consequences. In the end, what was to be a minor investigative admission into hospital, ended up being an admission that saw our client remain in intensive care and quarantine for several months and suffer severe and permanent consequences.
Aggrieved but unsure why he had suffered such a severe infection, our client approached Gerard Malouf and Partners Medical Negligence expert, Leslie Abboud, to determine if he had a potential case for negligence against the hospital. After discussions with Mr Abboud, and further investigations by him, it was realised in the clinical records of the client that his infection began at his cannula site, and that his cannula had been left in place for over a week. Having run hundreds of medical negligence cases, Mr Abboud immediately realised that this was not within appropriate hospital practice. Equipped with this suspicion of potential negligence and such severe consequences. Mr Abboud, and his specialised medical negligence team, obtained medical expert reports and opinions that established a clear presence of negligence by the hospital through a report of an expert nurse which highlighted NSW government protocols for the management of cannulas. In their investigations it was established that it was a breach of acceptable practice to not change a cannula for such a period of time.
With this evidence Mr Abboud managed to obtain a concession from the hospital that they breached their duty of care to our client. Nonetheless, we were left to prove that the injuries our client suffered, were as a result of the negligence of the hospital. In order to do this Mr Abboud consulted with a senior barrister and obtained expert opinions of several professors to provide evidence that the injuries of our client did occur as a result of the infection he contracted whilst in hospital.
Having built a strong case and in an attempt to obtain some comfort for our client in this unfortunate situation Mr Abboud, and his experienced team, began to pursue negotiations. At a mediation between the parties, including the specialist barrister briefed in this matter and instructed by Mr Abboud, the matter was fortunately settled without having to progress to trial. A settlement of $300,000.00 was obtained and our client was able to move on with his life and obtain further rehabilitative treatment and move on with his life.
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