$750,000 settlement for Psychological Injury due to negligent treatment

Patients and their families should expect that routine surgeries and post-operative care and treatment be provided to an adequate standard. In particular, patients and their families should not fear that they will be worse off going to hospital for treatment that suffering through their injuries.

A patient experienced left leg pain after running during a game. An x-ray identified a stress fracture and he was admitted to hospital for an elective left total knee replacement. The operation was performed without incident and he commenced rehabilitation exercises. As his medical history recorded a moderate risk of venous thromboembolism, a term referring to blood clots in the veins, the patient was prescribed enoxaparin to help prevent the formation of blood clots.

Unfortunately, a dose of enoxaparin was not administered. A nurse observed the patient in a poor condition and a code blue was called. The patient suffered a cardiac arrest and had approximately 40 minutes of advanced life support. The patient’s condition did not improve, and his advanced life support was stopped. He was declared deceased shortly after. The coroner’s report indicated that the likely cause of death was pulmonary embolus, a blockage in an artery of the lung.

Gerard Malouf & Partners was approached by the family to investigate the possibility of negligence on the part of the hospital to take further precautions in the context of the deceased’s medical risks and failure to administer required treatment. Nervous shock claims were commenced for each of the deceased’s widow and children for the psychological injuries caused from losing their husband and father. In totality, the family received monies in the sum of $750,000 as settlement for the tragedy.