We recently were able to settle a medical negligence claim involving a young lady who despite seeking urgent medical attention was left to suffer a stroke at home. In the early hours of the morning in early 2018, our client woke from her sleep suffering pins and needles in her left arm, needing to vomit and feeling as if she was falling to the left.
Paramedics were called and diagnosed our client as suffering from gastroenteritis. The plaintiff, living on her own, remained in bed for a further 3 days, until family members arrived to check on her. our client was taken to hospital at which time 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 the stroke and appropriate treatment would have commenced. Our experts’ views were that at the treatment commenced on the morning when the paramedics attended, our client’s ongoing restrictions would have been far less than those which she now continued to suffering.
On the basis of these opinions, we commenced Court proceedings on behalf of our client. The defendant vigorously defended the actions of the paramedics. A number of expert opinions were obtained in response by the defendant. The main issue between the parties was whether our client would have suffered the same restrictions she actually sustained, even if treatment had been provided at an earlier time.
The matter had been listed for trial in the Supreme Court of NSW, 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. A settlement that will allow our client to facilitate her ongoing rehabilitation.
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.
A delay in treatment is any situation where a patient isn’t provided the care they need to recover or improve their condition in a timely manner. While, generally, waiting a few extra days for an appointment will have no tangible impact on the outcome of a treatment, delaying treatment can sometimes impact the severity of an illness or even mean the difference between life and death.
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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