$100,000 Settlement in Favour of Deceased Estate Against the Australian Capital Territory due to Negligent Medical Treatment

PUBLISHED 15 Aug 2020

This matter involved a gentleman who became victim to medical negligence after he underwent coronary angioplasty and a stenting procedure.

This gentleman began to experience symptoms of left-sided chest pain, sweating and fluctuating blood pressure in late 2014. He was referred by his GP to a hospital in the Australian Capital Territory where he underwent a coronary angiogram in October 2014. During the course of the procedure, the angiogram catheter penetrated the vascular wall leading to a dissection of the right artery.

As a result of this, the gentleman required urgent open heart surgery and then suffered from ongoing periodic arrhythmia issues. The gentleman also required a defibrillator, a pacemaker and regular reviews with a cardiologist in Canberra.

Gerard Malouf & Partners was approached by the gentleman to investigate whether there was negligence on the part of the hospital and to seek compensation for his pain and suffering, and mental distress.

GMP sought evidence from a Sydney cardiologist who opined that the management of the patient was below the acceptable standard. This was because there was a failure to have the case reviewed by the heart team prior to proceeding to angioplasty and stenting. This which would have revealed heavy calcification in the arteries and may well have made the patient more suitable for coronary artery bypass surgery or simply medical therapy and avoided the catastrophic complications that did occur. The cardiologist also opined that a fractional flow reserve should have been performed before intervention as the stenosis was not severe meaning the angioplasty could have been avoided.

Proceedings were commenced in the Magistrates Court of the Australian Capital Territory.

Unfortunately, the gentleman passed away before a mediation could take place. Despite the tragic circumstances, GMP committed to proceeding with the claim and achieving justice for the deceased and his family.

We were able to receive settlement monies in the sum of $100,000 to go towards the deceased estate, for the family and loved ones.

At Gerard Malouf & Partners we will continue to fight a claim where we can prove negligence occurred; even if our client is deceased and unable to receive settlement monies. Family members of those harmed still deserve some justice for the wrongdoing of medical professionals. It is the least we can do to try and ease the pain in such a horrible time. Call us now on 1800 004 878 to speak to one of our experienced medical negligence lawyers.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.