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$210,000 Claimed in Medical Negligence for Inaccurate Cather Incursion

Case Overview
  • When a catheter meant to be inserted in the vein was inserted into an artery.
  • This resulted in extensive surgical repair and ongoing complications.
  • Gerard Malouf & Partners strongly supported the case due to the negligent actions of the treating physician.

A 77-year-old woman had a fall at home and had a fractured right neck of the femur. Accordingly, she underwent surgery being a right hemiarthroplasty. Following the surgery, she had atrial fibrillation and therefore she was transferred to ICU where the treatment recommended was to cannulate the internal jugular vein with a central venous catheter under ultrasound guidance. This would have been a straightforward procedure for a competent physician.

Unfortunately, in our client’s case, the venous catheter was inserted into the right carotid artery instead of the vein and was inserted as far down as the descending thoracic aorta. This meant that our client had to undergo extensive emergency cardiac surgery which included a sternotomy and opening the pericardium to remove the central line. Noting the injuries our client had sustained, she had a difficult recovery period and continued to suffer from respiratory difficulties and psychological problems.

“We commenced our client's case in court and continued to strengthen her case with supportive evidence for issues to both liability and damages.”


Antonin Sebesta

Senior Solicitor

Our Approach

When our client brought forward her inquiry regarding a potential medical negligence claim, Gerard Malouf and Partners were determined to investigate this matter thoroughly and efficiently. Accordingly, Mr. Antonin Sebesta and his team qualified an expert general surgeon who was able to strongly support our client’s case due to the negligent actions of her treating physician.

Tragically, during the proceedings, our client passed away due to unrelated causes. At this time, Gerard Malouf and Partners ensured the protection of our client’s and her family’s rights by giving them time to grieve and progressing the matter as required. Consequently, we were able to take instructions from our client’s daughter as a representative of the client’s estate to try and resolve the matter as efficiently as possible.

Mr. Sebesta and his team, including an experienced barrister worked diligently and quickly to bring this matter to mediation, particularly due to the tragic passing of our client.

The Result

Our client received a sum of $210,000 as compensation allowing the family to get some closure and move on.

Antonin Sebasta Lawyer

Antonin Sebesta

Senior Associate
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