Judge upholds medical negligence ruling awarding family millions of dollars

Date: Dec 14, 2019

Sunday Mabior was just 18 months old when she was sent to Princess Margaret Hospital in Perth for scald injuries in 2005. Due to medical negligence, Mabior went on to suffer from heart attacks, brain damage and organ failure.

Mabior’s family brought a case against the Child and Adolescent Health Service suing for millions of dollars. It took 13 years for the family to find success in court, eventually winning their case in late 2018. Western Australia’s Child and Adolescent Health Service attempted to challenge the ruling, and recently was denied by a judge, who upheld the decision to award compensation to Mabior and her family.

Lasting injuries

Mabior was admitted to the hospital after sustaining accidental scald injuries from a hot bath at her family’s home, where around 20 per cent of her body was burned. Despite her worsening condition, it took two days for staff to move her to intensive care. Her family went on to sue the Child and Adolescent Health Service, alleging hospital staff failed to adjust her treatment plan even as she did not improve.

They argued Princess Margaret Hospital staff did not recognise the severity of the situation, delaying proper care even as she entered a “life and death struggle,” the Mabiors told the court.

“We do not see the whole of PMH as responsible for our daughter’s injuries, only those who [were] there in ICU on the night,” the family said.

Now in her teens, Mabior uses a wheelchair as a result of the injuries and health complications she sustained in the hospital, which led to her developing cerebral palsy. Her parents said they pursued legal action to help their daughter understand her disabilities.

“The reason we have pursued this case is because our daughter, Sunday, is growing up and she always asks the reason for her disability,” they said. “It is appropriate for her to know what happened as she grows up.”

Her parents also sued to make up for their loss of income over the years as they have had to provide extensive care for their daughter.

“Since 2005 it has been very tough on us as her parents and her carers because of the injuries she sustained – it has caused only one of us parents being able to work as she needs all-day care.”

That has taken a toll on the Mabior family, who have had to change their daily lives to best take care of their daughter.

Have you or a loved one suffered the consequences of medical negligence? At Gerard Malouf & Partners Compensation Lawyers we are confident in our ability to obtain you maximum value in your medical negligence claim. Call us on 1800 004 878 or complete our email enquiry form.

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