Sydney hospital’s failure to maintain defibrillator equipment results in settlement of $150,000

PUBLISHED 21 Apr 2016

Our client’s 66 year old mother attended a well-known Sydney hospital three days per week to undergo routine haemodialysis.  On one occasion she attended the hospital and suffered a cardiac arrest during the dialysis treatment. She was treated by nurses at the dialysis unit and an ambulance was called.

The nurses who treated our client’s mother did not use the automated external defibrillator (AED) that was present at the unit. This was because the defibrillator was known to be faulty and had been faulty for several years. Our client’s mother ultimately died from the cardiac arrest.

Our client received a phone call informing her that her mother had passed away. She was understandably very shocked and saddened by this news, especially since her mother had attended hospital for a routine procedure she had undergone many times before.

As a result of the psychological shock and trauma suffered by our client she developed a variety of mental health issues. She became depressed with symptoms of stress, anxiety and insomnia among other issues. As a result of the strain on her mental health our client started drinking heavily as she was unable to cope with the pain. This was all compounded by the fact that our client’s father had passed away 4 months prior and her brother had previously passed away from a heart attack.

Our client came to Gerard Malouf and Partners very upset and wanting to know about her rights. We explained to her that we could pursue a Medical Negligence claim on her behalf to obtain compensation for the nervous shock she suffered.

We consulted an expert Cardiologist to prepare a report on liability. Our expert prepared a report detailing the negligence of the hospital and criticizing their failure to use the AED and ensure that it was maintained in working order.

Based on this report we were able to commence proceedings in the District Court to recover our client’s rightful compensation. We sent our client to be examined by an expert Psychiatrist and Occupational Therapist who prepared reports setting out the harm she had suffered and the effect on her life.

By leveraging these reports we were able to convince the Hospital to engage in settlement negotiations. We were ultimately able to negotiate a settlement of $150,000.00. Our client was happy with this and glad to be able to start to move forward again with her life.

If you have a loved one who passed away due to the negligence actions of a nurse, doctor or other medical professional you may be entitled to compensation as well. Call us today for a free consultation with one of our expert Medical Negligence Specialists to discuss your potential claim.

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