Mr KYC is an elderly man in his 70’s. He was driving with a friend in the streets of Auburn in a 50km/hr zone. His car was a sturdy 1970’s Ford Falcon, but with the speed of the vehicle that hit him, the strength of the car was not able to protect him. His head went forward and struck the steering wheel. The accident occurred near his treating GP and he immediately attended upon her.
The immediate diagnosis was whiplash. He was referred for physiotherapy treatment. About a week later he was still experiencing extreme headaches, and pain throughout his person. He was referred to see a pain specialist.
Upon his arrival for his pain specialist appointment KYC’s face began to droop and speech began to slur. The doctor immediately called an ambulance and he was conveyed to hospital.
At Hospital it was identified that he had an aneurism burst. Fortunately for KYC the quick actions of the doctor, the ambulance service and the hospital, not only was KYC saved, but the residual effects of the stroke were relatively minor compared to what it could have been.
When enquiries were made of the General Practitioner as to whether or not the stroke could be related to the car accident, she was adamant that it could not be as two weeks had passed. Further, KYC who suffers from Hypertension has not been regular with his medication.
The specialist was also asked, but he was not as conclusive and posed a suggestion that the car accident could have exacerbated an underlying condition.
Gerard Malouf and Partners remained committed to our client in preparing the very best claim for him, and sought evidence to support the claim that the car accident was causally related to the stroke. Investigations and expert opinions were obtained in support. The matter was referred to the Medical Assessment Service (MAS).
If the stroke was causally related to the car accident, the client would be entitled to compensation for his injuries and pain and suffering, medical and treatment expenses relating to the head injury including neurological therapy, and domestic assistance and care which in a brain injury case would include considerations for full time nursing home care.
Unfortunately, MAS did not agree that the car accident was causally related to the stroke.
Mr KYC still received significant compensation for his physical injuries despite the head injury being found not related to the accident. But this case exemplifies Gerard Malouf and Partner’s commitment to our client.