Cabramatta man receives $150,000 compensation from Hospital’s negligence which resulted in death of his mother

Published 27 Jan 2017

The deceased was the mother of our client. Prior to her death, the deceased presented at the hospital suffering from a progressive decline over 4-5 months of worsening peripheral oedema, abdominal distention as well as shortness of breath. She was diagnose with constrictive pericarditis. At presentation, the deceased had an artificial aortic valve being a 21 mm Medtronic hall valve single disc, which was implanted in her body 10 years ago.

The Defendant hospital undertook a process to investigate constrictive Pericarditis using a cardiac catheter. The catheter procedure involved the use of a Pressure Wire Certus. The Pressure Wire carried with it a specific set of instructions to avoid using Pressure Wire in the ventricles if the patient had a prosthetic set mechanical valve as the Pressure Wire may become trapped and disrupt the function of the  valve leading to serious injury or death.

Despite this, an operator of the hospital used the thin pressure wire to cross the aortic valve. As that occurred, the Pressure Wire got caught in the valve causing acute valvular obstruction requiring the wire to be separated with traction force. As a consequence, an acute catastrophic malfunction of the valve occurred, resulting in cardiogenic shock and cardiac arrest. The deceased was unable to be resuscitated and died.

The case was brought to the attention of Mr Leslie Abboud and his team of specialist medical negligence lawyers. They took the matter on a “no win, no fee” basis, meaning that our firm would undertake prepayment of expert reports, getting clinical notes and any other fees incurred over the course of the matter.

Mr Abboud and his team quickly found that the central issue was whether or not, having regard to the fact that the Defendant hospital knew of the artificial valve, he nonetheless selected to pass the pressure wire over an area which had been specifically excluded due to a serious risk of injury and death.

So after carefully studying the clinical notes, seeking the advice of an expert Cardiologist and counsel of an expert barrister, they found that the Defendant hospital was responsible for the negligent act. So the real issue in question was how much damages our client, being a child of the deceased, could claim.

Mr Abboud quickly paid and arranged for our client to be seen by a highly regarded psychiatrist, who proved that our client had suffered severe psychiatric injury due to the negligence of the Hospital.

Upon receipt of this evidence, Mr Abboud and his team, quickly negotiated and settled upon an order outside of court for the hospital to compensate our client around $150,000 worth of damages due to the hospital’s negligence.

Are you a victim of suffering from a hospital’s negligence against a close family member? To take advantage of our unique no win, no fee arrangement, call our toll free number –1800 004 878.