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Mother and Sister Compensated $205,000 Following the Tragic Death of the Deceased Due to Negligent Medical Treatment

Case Overview

A devastated mother and sister approached Gerard Malouf and Partners to obtain justice for the untimely death of their 43-year-old daughter and sister respectively caused by negligent medical treatment.

The Deceased was admitted to a hospital initially for a psychiatric illness. Shortly after being admitted, the Deceased had continued episodes of vomiting whilst in the hospital and abdominal tenderness and consequently was transferred to another hospital for treatment.

In this admission, the Deceased continued to vomit, suffer from abdominal tenderness, and have a high white cell count. At this point, her symptoms and investigations performed suggested that there was a blockage in her colon however the hospital continued to treat the Deceased very conservatively rather than performing a procedure that would have broken up the blockage. Later in her admission, surgery was offered to the Deceased however the serious nature of what was happening was never explained to her despite the Deceased suffering from a psychiatric illness. 

Consequently, she was unable to make informed consent and therefore declined the surgery. Her family members were not fully informed about the treatment and progress of the Deceased during this time. Tragically, this 43-year-old lady collapsed in hospital and was not able to be resuscitated.

“We are committed to providing an efficient and just outcome so that our clients can move on with their lives.”


Antonin Sebasta
Our Approach

The grieving mother and daughter of the Deceased approached Gerard Malouf and Partners questioning whether the hospital had acted in the best interest of the Deceased. 

Mr Antonin Sebesta and his team took on the matter and investigated the treatment of the Deceased by qualifying an expert surgeon who provided a strong liability report in relation to the negligent medical treatment. In addition, an expert psychiatrist was qualified to assess the detrimental effect the untimely passing of the Deceased had on the mother and daughter. 

Consequently, after receiving strong and supportive reports, Gerard Malouf and Partners commenced a claim on behalf of our clients on a no win, no fee basis.

The Result

Mr Sebesta and his team with the assistance of an experienced barrister were able to negotiate a settlement in the sum of $205,000 for our clients.

Antonin Sebasta Lawyer

Antonin Sebesta

Senior Associate
As a plaintiff lawyer, I strive to be empathetic, communicative and most of all to achieve results for our clients in the least possible time and with the best possible outcome
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