Change location v

A Young Lady Abandoned by Paramedics Suffers a Stroke at Home

Case Overview
  • Our client having gastroenteritis suffered a stroke at home because was abandoned by paramedics.
  • This started our client’s long journey to rehabilitation.
  • Gerard Malouf and Partners were able to achieve a settlement for our client that will allow her to get ongoing rehabilitation.

We were able to settle a claim for a young lady who suffered a stroke because she was abandoned by the paramedics. In the early hours of a morning in 2018, our client woke from her sleep feeling sick. She was having an uncomfortable sensation in her left arm, felt like vomiting and like she was falling to the left.

Paramedics were called diagnosed her with gastroenteritis. After three days, she went to the hospital where she was diagnosed as having suffered a stroke. The long journey to rehabilitation then commenced. In order to prepare our client’s matter, we required a number of expert opinions, both from paramedics, emergency physicians, and neurologists.

“Our evidence established that had our client been taken to hospital by the attending paramedics, she would have been diagnosed as in the early stages of a stroke and appropriate treatment would have commenced.”

Susan Newman
Our Approach

The experts’ view that if the treatment commenced on the morning when the paramedics attended, our client’s ongoing condition would have been far less worse.

On the basis of these expert opinions, Gerard Malouf and Partners commenced the court proceedings. The main argument between the parties was whether our client would have suffered the same restrictions she actually sustained, even if treatment had of been provided at an earlier time. 

The matter had been listed for trial, however, the Court directed the parties to participate in a Mediation prior to the trial commencing. The Mediation lasted most of the day, with Ms. Newman appearing for the plaintiff, we were able to achieve a negotiated settlement.

The Result

We were able to achieve a negotiated settlement that will allow our client to facilitate her ongoing rehabilitation.

Susan Newman Lawyer

Susan Newman

Senior Associate
Have enough courage to start and enough heart to finish. – Jessica N. S. Yourko
Frequently Asked Questions

More Information

Negligence is a failure to exercise the care that another in the same position would prudently exercise. The harm caused by negligence is considered to be due to carelessness, rather than a specific intent or determination to cause harm.

While negligence can include misconduct in a variety of circumstances, malpractice is reserved for professionals who fall grossly short of their obligations — and harm others in the process. As a result, malpractice is often called “professional negligence”. If a licensed professional (such as a doctor, lawyer, or accountant) fails to provide the accepted standard of care and subsequently causes harm to the plaintiff, this form of negligence may be known as malpractice.

Medical malpractice is specifically used in reference to medical workers who have committed acts of negligence.

Demonstrating that a doctor fell short of their duty of care can be a challenging process. While most doctors try their best to correctly diagnose conditions and provide timely medical treatment, they can’t always be right. In every state, protections are in place to shield practitioners from some litigation. These give practitioners peace of mind on the job and protect hospitals that are doing their best with limited resources. However, these laws also set the bar for receiving compensation incredibly high.

Overall, to win a favorable judgment, you must be able to prove Duty, Breach, and Damages.

If you have been injured or an existing condition has got worse following a medical procedure, or even just a visit to the doctor, then you may have been the victim of medical negligence and you may be eligible to make medical negligence claims against the professional who caused your injury.

If you can first show that you have suffered harm, and secondly, that a medical professional failed in their duty of care towards you then you may be entitled to compensation.


More Case Summaries

© 2022 
Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

Website Design by MediaSmiths

Your location is currently: