How a cancer patient bolsters case against Sydney hospitals

Date: Dec 13, 2016

Just last month, another allegation – in a long list of them – was made against St Vincent hospital for incorrect chemotherapy treatment. Find out why this hospital and more in Sydney are being accused of medical negligence and how Gerard Malouf & Partners’ medical negligence lawyers can assist clients in making a claim.

Plaintiffs claim that incorrect treatment is due to a systemic problem

A second oncologist in Sydney is now under investigation for allegedly giving incorrect doses to at least three patients at the St George and Sutherland hospitals, according to ABC. This comes after more than 100 patients have claimed that they have been mistreated at St Vincent’s hospital from 2012 to 2014.

The Cancer Institute NSW leader Professor David Currow has criticised the hospital for taking so long to investigate mistreatment concerns, according to The Guardian.

The government has, in response, agreed to review treatment of all cancer patients at hospitals in the public system in the past five years to determine if there has been medical negligence.

Determining whether the doctor breached their duty

Take note that being unhappy with the outcome of a medical procedure does not mean that you have suffered from medical negligence. Instead, it must be shown that the health practitioner or hospital had failed to take “reasonable care.”

Proving whether a doctor or hospital has failed to take reasonable care requires other medical professionals who are experts in that particular field to analyse the incident. Proving medical negligence is no easy task – it is nothing like claiming negligence for driving, for instance, because this does not require near as much specialised knowledge, the Legal Services Commission points out.

To specifically claim hospital negligence, as the plaintiffs are in the aforementioned case, it must be proven whether the hospital staff adequately provided postoperative assistance. In this case, the adequacy of their investigations into a few doctors’ behaviour is being questioned.

At Gerard Malouf & Partners, we have such expert medical resources at our disposal so that we can back up our case with in-depth and accurate information. To establish whether a duty of care was breached by a medical professional or hospital, it is a time consuming process to determine the standard of medical care expected in circumstances. However, we are a firm that is small and therefore attentive enough to devote a lot of time to your case. But we are also renowned for having the financial resources needed to take on major hospitals and doctors.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts or email your enquiry.