Medical negligence case for delay in diagnosis settles

PUBLISHED 16 Dec 2013

The Plaintiff had married her late husband (the Deceased) on 26 May 1990. On 12 July 2005 the Deceased made an appointment with his general practitioner. He gave his general practitioner a history of feeling unwell, chest pains and tingling in his arms. The Deceased underwent a number of tests, these tests did not include cardio enzyme tests. On 15 July 2005 the Deceased was still unwell and consulted a different general practitioner. The general practitioner arranged for cardiac enzyme testing. The tests were positive and indicated that the Deceased had suffered a major heart attack and damage to his heart. The general practitioner referred him urgently to the hospital. Tests were performed at the hospital revealing a severe left main bifurcation stenosis and proximal stenosis with a severe left ventricle dysfunction and echo cardiography with an ejection fracture of approximately 30%. On 17 July 2005 the Deceased was referred to a cardiac surgeon specialising in cardiac ventricular intervention. The Deceased took the cardiac surgeon advice and underwent angioplasty and stenting on 22 July 2005. On 25 July 2005, a day after being discharged, the Deceased developed ventricular arrhythmia and died.

The Plaintiff was suffering severe psychological harm caused by the death of her husband and had approached several law firms and solicitors to help mount a medical negligence nervous shock case on the basis of her husband’s death. The Plaintiff was a solicitor herself and was only willing to proceed with her malpractice matter with the very best. The Plaintiff decided to proceed with our firm after a telephone conference and conference with Mr Leslie Abboud, senior solicitor with over 30 years experience in negligence cases in the highly specialised field of medical negligence.

All Personal Injuries Proceedings Act pre-litigation procedures were attended to, namely the notice of claim form, receiving a compliance response from the Defendants, medico-legal investigations, and the compulsory conference.

With the assistance of highly regarded medical experts, Mr Leslie Abboud was able to develop a strong medical negligence case against the Deceased’s general practitioner on the basis that the delay in diagnosis of several days significantly increased the damage to the Deceased’s heart and reduced his prospects of survival. The delay in diagnosis was due to the general practitioner’s malpractice and failure to order cardio enzyme testing as such tests are critical for diagnosing, assessing and treating acute coronary syndrome. We proposed that the earlier the specialist treatment, the better the prospect of success and if earlier intervention had been undertaken the Deceased’s cardiac condition would not have deteriorated to the same extent. We also argued in relation to the malpractice of the Deceased’s cardiac surgeon, that the decision to discharge the Deceased two days post surgery was too early and he would have survived had he been hospitalised when the arrhythmia occurred.

Before progressing to hearing, Mr Leslie Abboud was able to secure a substantial settlement for the Plaintiff of $1,025,000.00 for the psychological injuries cause by the negligent death of her husband. Settling the Plaintiff’s medical negligence case of nervous shock before hearing meant that Mr Leslie Abboud was able to save the Plaintiff the additional costs and stresses of progressing to hearing in negligence cases. Whilst no amount of money can ever make up for the incredible loss and injuries that the Plaintiff has endured, the Plaintiff was exceptionally pleased with the result, and the professionalism and compassion she experienced from the start to the completion of her case. We are a highly specialised and focused lawyers with out law firm being small enough to care intimately for our clients, but large enough to have the solid financial, medical and expert resources our clients need to match the big insurers we fight everyday.

For free over-the-phone advice or to take advantage of our free face-to-face consultation call our expert team of medical negligence lawyers today on our Free Call Number 1800 004 878.

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