$275,000 for failed diagnosis by hospital of terminal cancer of Central Coast man

Published 16 Aug 2017

In this medical negligence matter, Gerard Malouf & Partners successfully obtained financial compensation for a 48 year old Central Coast male after a hospital failed to diagnose his cancer.

Our client consulted the Defendant, a major hospital on the Central Coast, after collapsing at his home in 2011. He presented to the emergency department, but no scans were taken of his head. He was discharged home.

In 2013 our client again presented to the emergency department after he fainted while riding a motorbike. He was diagnosed with syncope and kept in hospital for 4 days before being sent home. No scans were undertaken on this occasion either. Over a year later our client was referred for an EEG and MRI following clinical seizures. These tests revealed he had a tumour. Further investigations of the tumour confirmed that he was suffering from Stage IV cancer which was terminal.

Our client approached Gerard Malouf & Partners to determine if he had a medical negligence case. After considering the facts our Medical Negligence Team advised that a claim could be investigated and proceeded at no cost to our client up front.

We agreed to act on a No Win No Fee basis and obtained a liability report from a Specialist in Emergency Medicine who confirmed that when our client attended the emergency department in 2011 and 2013 he should have been referred to a specialist neurologist for assessment. He provided the opinion that had the hospital organised an examination by a neurologist an MRI scan would have been performed and the tumour would have been discovered much earlier. The failure to do this resulted in a substantial delay in diagnosis and treatment of his cancer.

Based on this report we were able to commence proceedings in the District Court of NSW. We consulted an expert Barrister who assisted in the preparation of case, and obtained further expert evidence in relation to the damage that our client suffered. This included significant psychological damage confirmed by an expert psychiatrist.

In order to minimise costs we organised an informal settlement conference to resolve the matter before it proceeded to a Hearing before a Judge. At the settlement conference Roshaan Raina and the Barrister were able to negotiate a settlement of $275,000.00. This was an excellent outcome for the client and allowed him to resolve the matter without any further stress. 

If you have suffered damage as a result of medical negligence you need to speak with an experienced solicitor that understands the intricacies of these complicated claims. Contact Gerard Malouf & Partners on 1800 004 878 or complete our email enquiry form for a free consultation with one of our Medical Negligence solicitors, to discuss how we can assist you on a No Win No Fee basis.