Illawarra Man Settles Medical Negligence Claim Against Local Hospital for $185,000

PUBLISHED 10 Jan 2018

This matter involved a man from the Illawarra region on New South Wales who suffered from a condition his entire life that prevented his oesophagus from properly relaxing and letting food into his stomach. This required intermittent medical attention throughout his life. He was booked in to a major local hospital to undergo a gastroscopy. This procedure was conducted without general anaesthetic.

During the procedure this middle aged man suffered cardiac arrest following an entirely foreseeable aspiration that occurred as a result of his condition. Fortunately, he was able to be revived and admitted to ICU where he was discharged five days later. As a consequence of this event, this man suffered an extreme psychiatric injury and severe depression as well as ongoing potential or further cardiac issues. Essentially, he persistently ruminated over his near death experience.

Fortunately for the Plaintiff he managed to continue employment in his physical work and has done his best to carry on with his life in a normal fashion. Unfortunately, however the memory of his cardiac arrest and revival has left a significant stain on his life and damaged his relations with his family and friends resulting in a diagnosis of severe psychiatric injuries.

Given the treatment he had received from this hospital, he approached Gerard Malouf and Partners where Leslie Abboud, a specialist Medical Negligence litigator with over 30 years’ experience who took carriage of his matter. Mr Abboud having dealt with cases like this before and being well aware that certain anaesthetic precaution should have been taken during the admission of the patient like this. He appropriately briefed an expert Anaesthetist who promptly recommended that this treatment was subpar. In proving this suspicion correct with an expert medical opinion and confirming that this man should have been treated differently, Mr Abboud was able to establish that there appeared to be a breach of duty of care.

Armed with this evidence and with the assistance of an expert Barrister specialising in medical negligence, Mr Abboud and his team commenced proceedings in the District Court of New South Wales with strong evidence and a desire to resolve the proceedings as soon as possible.

In light of this view, Mr Abboud arranged for further evidence to be obtained to quantify the damage that this man had experienced and a mediation was promptly organised. Fortunately, during the mediation his claim was able to be negotiated to a settlement for $185,000.00 We hope this result assists our client in obtaining any assistance he requires or otherwise putting this horrific experience behind him.

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