Case Overview
- In July 2019, our client was rushed to the Defendant’s Emergency Department presenting with hypotension post vomiting and diarrhea.
- Over the last few years, our client’s husband and daughter have been battling ongoing psychological difficulties due to the stress and dramatic impact that this incident has had on their lives.
- The settlement resulted in $150,000 for both husband and daughter and $1 million for our client.
In July 2019, our client was rushed to the Defendant’s Emergency Department presenting with hypotension post vomiting and diarrhea. The Defendant formed the impression that our client had an upper gastrointestinal bleed which had resulted in hemorrhagic shock.
However, there was a long delay in attending to our client’s unstable blood pressure and bleeding ulcer. As a result of this delay in treatment, our client suffered a stroke.
Our client continued to suffer a loss of function in her left upper limb, a massive decline in her physical and cognitive abilities, as well as psychological sequalae. Our client has required ongoing care and attendance since the incident as she is no longer capable of living independently.
Our client’s family has also been heavily impacted as a result of this incident. Over the last few years, our client’s husband and daughter have been battling ongoing psychological difficulties due to the stress and dramatic impact that this incident has had on their lives.
During the course of this matter, GMP Law consulted with and received several supportive opinions from our trusted medical experts.
“During the course of this matter, GMP Law consulted with and received several supportive opinions from our trusted medical experts.“
GERARD MALOUF & PARTNERS
Our Approach
Although there was some uncertainty surrounding the cause of the stroke, our medical experts agreed that it was due to either our client’s compromised hematological state, the extended use of vasoactive drugs to treat our already vulnerable client or the failure of the Defendant to address the bleeding ulcer in a timely and appropriate manner. Overall, our experts agreed that our client was not provided with a reasonable standard of care in a timely manner, which could have avoided the stroke.
After several hours of difficult negotiations at a mediation, GMP Law successfully won a settlement in the sum of $1,000,000 for our client.
Our client’s husband and daughter also agreed to settlement monies in the sum of $150,000 each for their nervous shock claims.
As a firm that has a large team that practices exclusively in medical negligence and personal injury cases, we understand how to maximise compensation and have the skills and experience to achieve that. If you, a family member or a friend have been a victim of a medical mistake, feel free to contact Gerard Malouf & Partners at 1800 004 878 or submit an enquiry form online to speak to one of our experienced medical negligence lawyers.
The Result
The settlement resulted in $150,000 for both husband and daughter and $1 million for our client.
Ray Abbas
Partner
Frequently Asked Questions
More Information
Negligence is a failure to exercise the care that another in the same position would prudently exercise. The harm caused by negligence is considered to be due to carelessness, rather than a specific intent or determination to cause harm.
While negligence can include misconduct in a variety of circumstances, malpractice is reserved for professionals who fall grossly short of their obligations — and harm others in the process. As a result, malpractice is often called “professional negligence”. If a licensed professional (such as a doctor, lawyer, or accountant) fails to provide the accepted standard of care and subsequently causes harm to the plaintiff, this form of negligence may be known as malpractice.
Medical malpractice is specifically used in reference to medical workers who have committed acts of negligence.
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Demonstrating that a doctor fell short of their duty of care can be a challenging process. While most doctors try their best to correctly diagnose conditions and provide timely medical treatment, they can’t always be right. In every state, protections are in place to shield practitioners from some litigation. These give practitioners peace of mind on the job and protect hospitals that are doing their best with limited resources. However, these laws also set the bar for receiving compensation incredibly high.
Overall, to win a favorable judgment, you must be able to prove Duty, Breach and Damages.
If you have been injured or an existing condition has got worse following a medical procedure, or even just a visit to the doctor, then you may have been the victim of medical negligence and you may be eligible to make medical negligence claims against the professional who caused your injury.
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