Nervous shock from medical malpractice leads to compensation

Date: Jul 08, 2016

Giving birth to a child is one of the most important events parents experience. It is forever remembered and celebrated on the birthday’s of the children. However, a recent case of medical negligence has put a sour note on the birthday of one family’s child.

Medical malpractice leads to irreversible injuries

In a recent case in front of the Supreme Court of New South Wales, parents of a child seriously injured while at hospital are seeking damages due to nervous shock.

In 2008, the plaintiff’s child suffered serious injury due to oxygen deprivation during his birth. As a result, he is extremely disabled, has a significantly shortened life expectancy and requires lifetime care.

A negligence case against the South Western Sydney Local Health Network was recently settled. However, the parents are seeking damages for nervous shock as a result of the traumatic situation.

The Health Network admitted that it owed the plaintiff a duty of care, that it breached this and as a result damage occurred. The court thus addressed the final question: What level of damage did the plaintiffs suffer?

The court found that the plaintiff suffered psychiatric injuries as a result of the incident and allowed the parties 28 days to file proposed orders.

Mental illness and compensation

Unlike what many people think, psychiatric injuries can be a cause for compensation. However, due to their nature, they can be harder to prove. The case above is an example of this.

The defendant argued that the extent of the plaintiff’s injuries were not clear as a result of competing psychiatric perspectives. The defendant’s expert questioned the credibility of the plaintiff, with the defence arguing that the reliability of his evidence was in doubt. This, they believed, would impact the quantification of the damages.

As the case showed, psychiatric injuries can and do lead to compensation settlements. What is important is having the right advice on hand. At Gerard Malouf and Partners, our close relationships with medical professionals allow us to match you with an expert – who can help gauge the extent of your injuries.

We also understand that money can be a major barrier to making a claim. As such, we offer a no win no fee guarantee. Instead of upfront costs, we receive remuneration from your successful settlement. Contact a representative of Gerard Malouf and Partners today.

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