North Shore Rehabilitation Hospital pays $150,000 after patient fall

Published 14 Apr 2017

Our client was a 79 year old woman who was admitted to a rehabilitation hospital on Sydney’s North Shore after undergoing knee surgery. She had a history of severe osteoporosis and allergies to penicillin and opiates which was known to the hospital at the time of her admission.

Despite her allergies, our client was prescribed both penicillin and opiates. As a result she became confused and anxious. After her husband left the hospital one evening to go home she suffered a fall, resulting in injuries to various parts of her body including fractures and bruising . Due to her confused state our client was unable to remember the details of the fall.

Our case relied on assumptions that the fall occurred while she was in the care of the hospital. We alleged that hospital staff breached their duty of care to our client when they prescribed the wrong medication and then failed to monitor her sufficiently to ensure she did not fall. The hospital staff did not recognise the level of risk of our client suffering a fall and did not take adequate precautions.

As a result of her injuries our client had ongoing pain, a loss of mobility and restrictions to the activities she could perform. In addition to her physical injuries our client also suffered psychological harm.

Our client came to Gerard Malouf and Partners to see if we could assist her to obtain compensation for the damage caused by the medical negligence of the hospital staff. While the matter was complicated by the fact that there were no witnesses and our client could not remember the details of the fall, we decided to take on her case and investigate the claim.

We obtained a report from an expert Registered Nurse who concluded that the care provided to our client by the hospital fell below the standard of competent professional practice in NSW. We also had our client examined by an Orthopaedic Surgeon, an Occupational Therapist and a Psychiatrist to assess the extent of the damage she had suffered.

With several experts on our side we were able to engage in settlement negotiations with the hospital and ultimately obtained a settlement of $150,000 for our client.

At Gerard Malouf and Partners we are not afraid to take on tricky and difficult cases in order to obtain justice for victims of medical negligence. If you have been injured as a result of a hospital’s actions call us today for a free consultation to discuss your case with one of our expert medical negligence solicitors.