Family Members Receive Total of $230,000 in Compensation for Damages Arising out of Nervous Shock

PUBLISHED 14 Jun 2018

Our clients in this matter were family members of the deceased, who passed away following mistreatment and mismanagement of his anaemia and impaired renal function. Such a condition is closely associated with and caused by internal bleeding. These symptoms are usually managed with anti-coagulant and non-steroidal anti-inflammatory therapy, but in this situation, should not have been administered due to the deceased’s diabetes and anaemia. Unfortunately, the deceased’s general practitioner administered these medications and our clients’ family member passed away from a myocardial infarction.

The family members of the deceased were obviously quite distraught and they approached Gerard Malouf & Partners in the hope of obtaining justice for their deceased family member. One of our expert medical negligence solicitors, Leslie Abboud, took their case on. With over 30 years of experience in managing medical negligence claims, Leslie quickly organised for an expert doctor to draft a medico-legal report for our clients which outlined the negligence of the deceased’s general practitioner. The medico-legal expert arrived at the conclusion that Leslie had reached, that is, that the general practitioner knew full well that the deceased had anaemia and diabetes, yet still administered non-steroidal anti-inflammatory and anti-coagulant drugs to treat his deteriorating renal function, and that it was this treatment which more likely than not caused his untimely death.

All family members had an appointment arranged with an expert clinical psychologist for an assessment, and all were assessed individually with reports produced pertaining to their individual diagnoses arising out of the nervous shock and mental harm they had experienced by witnessing the untimely death of a dear and beloved family member.

With all this evidence prepared, Leslie and an expert barrister negotiated the matter at a mediation and were able to settle three family members’ matters for $55,000 each, and one family member’s matter for $65,000. The family members were satisfied with the result and grateful that this money could be used for further psychological treatment and therapy to assist them in putting their lives back together and moving on from this unfortunate tragedy. While no sum of money would bring their beloved family member back, they were happy that they were able to stand up for them and to fight against the big insurers defending the negligent general practitioner. In the end, both Leslie and our clients felt that justice had been achieved.

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