Parents of Disabled Child Receive $1,666,666 in Compensation to Assist with Ongoing Care and Treatment

Published 10 Aug 2018

This case concerned a child who was monitored during pregnancy and found to have a severe form of Down Syndrome. While investigations were performed which suggested the diagnosis, the mother was never counselled, advised, referred for treatment or had her child treated for Down Syndrome. It was not until 27 weeks’ gestation that the parents had confirmation that their child had severe Down Syndrome.

As a result of not being counselled appropriately, the mother was deprived of the opportunity to seek out a termination of her pregnancy. Both parents were left with the burden of having to provide an extremely high level of care to their child as a result of the negligence of the mother’s General Practitioners. Of course, both parents loved their child and took care of it to the best of their ability, but this placed considerable financial, emotional and psychological strain on both parents which was attributable to the negligence of the General Practitioners.

Both parents contacted Gerard Malouf & Partners, seeking help to take care of their child. The case was taken on by Mr Leslie Abboud, a specialist medical negligence solicitor with over 30 years’ experience and skilled in complex cases like this.

Mr Abboud assured both parents that we would provide maximum justice for them and their child, and that they would not be required to pay anything out of their own pockets under our “no win, no fee” policy. Such a complex case would have been quite expensive if our clients were required to pay up front, so they were relieved to discover that we were happy to take the matter on and investigate it free of charge.

Leslie Abboud and his team worked tirelessly in gathering all the clinical notes, synthesising the most important facts in the case and posing questions to expert medical practitioners who provided us with reports detailing the negligence of the treatment providers. Both parents were also assessed by psychiatrists for the mental harm they had suffered and provided recommendations for their future treatment needs.

Rather than taking the matter to trial, Leslie with our expert barrister was able to negotiate and settle this matter for a total of $1,666,666.00 awarded to both parents which would be used to provide the care and assistance their child would need in terms of treatment and medication expenses, as well as care and assistance around the home.

If you or your child has been affected as a result of medical negligence, please give Gerard Malouf & Partners a call today for a chat with one of our expert medical negligence solicitors.