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Family Compensated $500,000 After Losing Their Daughter Due to Negligence

Case Overview
  • In 2018, a young girl presented to her local GP clinic complaining of a red lump on her left lateral buttock when a skin infection diagnosis was made.
  • She was transferred to a hospital in Sydney as her condition deteriorated, but sadly she passed away a few weeks later.
  • GMP were able to secure $500,000 at settlement negotiations in damages for the family.

In 2018, a young girl presented to her local GP clinic complaining of a red lump on her left lateral buttock when a skin infection diagnosis was made. Approximately two weeks later, she again presented herself to the same GP clinic, but was seen by another GP complaining of a lump in her right groin. By mid-2018, the deceased again presented to the GP clinic with complaints relating to pain in her right buttock and was again assessed by another GP who diagnosed her with an infected abscess cavity wound.

The deceased continued to attend upon the GP clinic for review of the wound however no further investigations were undertaken. She later presented to her local Multipurpose Health Service with other complaints of chest pain, fever, headache and neck pain and she was transferred to her local hospital for further management. However, the hospital simply conducted a blood test and the deceased was discharged back into the care of the GP clinic for further review. Within weeks, the deceased re-presented to the Multipurpose Health Service where her condition deteriorated and she was transferred back to her local rural hospital, however the hospital was not equipped to treat her and she was transferred to a hospital in Sydney.

“Further investigations then revealed the deceased was suffering from large cell lymphoma and intensive chemotherapy was commenced immediately. However sadly the deceased passed away within weeks of the diagnosis.”


Julie Baqleh
Our Approach

The young girl’s father, mother, and sister contacted the team at Gerard Malouf & Partners to investigate a claim relating to the failure to diagnose the lymphoma and their loved one’s subsequent passing. The team obtained a number of reports from various experts who were of the opinion that the doctors responsible for treating the deceased at the GP clinic, multipurpose centre and the hospital failed in their duty of care which led to the delayed diagnosis and her unfortunate passing. Once the team had this crucial evidence, we then obtained evidence from expert psychiatrists who supported the ongoing losses and impacts the loss of their daughter and sister had on our clients.

The team then commenced nervous shock proceedings against the GP clinic, multipurpose centre and the hospital seeking compensation for psychiatric injuries they sustained as a result of the negligent medical treatment resulting in the unfortunate passing of the deceased. Although this monetary sum will not bring back our client’s daughter and sister, it represents the negligence on behalf of the treatment providers and will provide our clients with some closure.

Gerard Malouf & Partners understand that a family circumstance may change due to the negligence of medical practitioners. Our lawyers are committed to fighting and achieving the best possible outcome for their clients. If you have an enquiry in relation to a potential medical negligence nervous shock claim, please call us on 1800 004 878.

The Result

After attending settlement negotiations, the team were able to secure $500,000 in damages for the family.

Julie Baqleh

Partner
My idea of success is to offer my clients a sympathetic listening ear and to understand their needs.
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.

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Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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