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Sydney Woman Gets $205,000 Settlement After a Drug Administration Error

Case Overview
  • Hospital staff inadvertently administered Syntoicin into our client’s epidural catheter instead of local anaesthetic.
  • She did not develop any long-term physical injuries but sustained a recognised psychiatric injury as a result of the subject-incident.
  • GMP negotiated a settlement of $205,000 for her.

During the course of our client’s labour, hospital staff failed to label a syringe as containing Syntoicin and inadvertently administered same into our client’s epidural catheter instead of local anaesthetic. Following this, our client had to hear beside discussions about the error that had been made, causing her further distress. Although our client did not develop any long-term physical injuries, she did sustain a recognised psychiatric injury as a result of the subject-incident.

“Experiencing this mistreatment and seeing the devastating effects of her psychological injury on her quality of life, our client sought expert advice and assistance from Gerard Malouf and Partners.”


Susan Newman
Our Approach

Solicitor Susan Newman took on this case and argued on behalf of her client that the hospital was medically negligent for the drug administration error and that such a mistake had resulted in a psychiatric injury to her client.

We obtained expert opinion in support of a failure by the attending specialist to undertake standard checks in relation to the administration of Syntocin. On the basis of this expert evidence, we were able to commence proceedings against the major teaching hospital.  While some resistance to the claim were initially pressed, ultimately the defendant admitted it’s breach of duty of care.

Following the defendant’s admission, we were then able to enter into settlement negotiations between the parties by way of a mediation. At Gerard Malouf and Partners, we pride ourselves on assisting those who are mistreated, misdiagnosed and inadequately cared for by the health system.

For free over the phone advice or to take advantage of our free face-to-face consultation, call Gerard Malouf and Partners on 1800 004 878 and ask to speak with one of our experienced medical negligence lawyers.

The Result

Ms Newman and her team, including an expert barrister, negotiated a settlement of $205,000. Our client was very pleased with the result and was happy to close this chapter in an attempt to move on with her life.

Susan Newman

Senior Associate
Gerard Malouf & Partners were amazing with my claim. Susan … listened to me and explained each step, they were extremely patient with all my questions. The end result was more than expected. …… Would definitely recommend GMP for your claim
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.
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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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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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