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Family Suffered Nervous Shock After Father’s Death Get $500K in Compensation

Case Overview
  • A man was presented to a Hospital in NSW with sharp left-sided chest pain
  • As a result of the administration of thrombolytic therapy, his condition deteriorated due to intracranial bleeding development causing his death.
  • GMP helped the family get $500,000 in compensation for the psychological distress suffered.

The Deceased presented to a Hospital in NSW on 13 July 2019 with sharp left sided chest pain. The day before he had a similar pain that had self-resolved. The pain radiated to his left hand but there was no associated nausea, sweatiness, and breathlessness.

The Deceased was triaged as Category 2 and given Aspirin 300mg for the suspected heart attack. He was also given sublingual Anguinine which is a nitrate to relieve chest pain from the heart. A 12-lead ECG was also performed which put the deceased in the category of non-ST segment elevation myocardia infarction.

Despite the above, a decision was made to administer to the Deceased 5000 units of Heparin Anticoagulation and Intravenous Tenecteplase 40 mg, a thrombolytic clot busting agent. The risk of the administration of these drugs, in this case was significant.

“As a result of the administration of thrombolytic therapy the deceased’s condition deteriorated due to the development of intracranial bleeding causing his death on 15 July 2019.”

Our Approach

The family of the deceased approached Gerard Malouf & Partners to investigate the Deceased’s ECG findings and whether the Hospital ought to have known that thrombolytic therapy was contraindicated. 

Our experienced Medical Negligence Lawyer, sought liability reports from an expert cardiologist, neurologist, and Emergency Physician. The experts opined that there were deficiencies in the care and treatment provided to the deceased by the Hospital as the deceased was inappropriately thrombolysed and excessively anticoagulated, both of which caused the intracranial haemorrhaged that developed, Further, it was alleged that the Deceased ought to have undergone coronary angiogram to further investigate his presentation. 

Our clients were assessed by a psychiatrist who detailed the level of impairment and ongoing disabilities that affected our clients as a result of suffering from nervous shock. The reports prepared by our experts allowed us to quantify the damage, enabling the matter to be settled at a mediation.

The death of a loved one can be a painful event especially in circumstances where the death was avoidable and caused by negligence on the part of treating medical professionals. If you have suffered mental harm as a result of the death or severe injury of a close relative potentially caused by an act of medical negligence, please call Gerard Malouf & Partners on 1800 004878 and ask to speak to one of our experienced Medical Negligence Lawyers.

The Result

Although the loss cannot be compensated, but we were able to secure $500,000 in compensation for the family who suffered from psychological distress.

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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About Us
Gerard Malouf & Partners have provided friendly, experienced legal advice to communities across Australia for over 35 years. Our Personal Injury Lawyers have taken on ten’s of thousands of cases and we are proud to have won billions of dollars for our clients.
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.

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