Sydney woman receives $300,000 compensation after suffering infection whilst undergoing routine procedure for pre-existing condition

PUBLISHED 20 Apr 2018

In about 2011, our client was diagnosed with a rare blood disorder which entailed small blood clots forming throughout her entire body. This disorder limits the flow of oxygen and blood to certain organs including her brain, organs, and heart. As a result of this condition, our client began treatment which involved being placed on a cell separator machine to remove her blood and replace it with fresh frozen platelets. She was in hospital for over 2 months in order to receive this treatment.


Unfortunately, during her treatment in hospital our client developed an infection which is typically spread from the hands of health care workers to hospital patients. Upon our preliminary research, we discovered that these types of infections typically occur amongst people who have a weakened immune system or long term illness and are unavoidable. The issue in this case was the treatment and monitoring our client for treatment of this particular infection. The infection was not properly treated or monitored whilst our client was treated as an inpatient and outpatient in the hospital which ultimately caused our client to suffer catastrophic injuries to her heart.


Unfortunately, as a result our client sustained severe damage to an aortic valve in her heart. Unfortunately, our client then suffered a cardiac arrest and numerous mini strokes as a result of the damage caused to her heart.

Due to her heart condition and subsequent strokes, our client was forced to retire at aged 58. In addition to the financial loss she suffered, she was also experiencing extreme distress due to her physical injuries and impediments.

Concerned about her physical and psychological state as a result of her treatment by the hospital, our client approached Gerard Malouf and Partners to enquire about whether or not she was entitled to compensation for the treatment she received. Julie Baqleh, Accredited Personal Injury Specialist, was of the view that this claim had merit and began to gather evidence in support of our client’s claim.

Ms Baqleh proceeded to brief a recognised infectious disease expert  to provide their opinion on whether or not the hospital was negligent in respect to the treatment of our client’s infection. Ultimately, the evidence was conclusive that the hospital’s treatment was not in accordance with peer professional standards as they failed to monitor and treat this disease. We also briefed an expert cardiologist who was able to confirm that our client’s aortic valve damage and subsequent cardiac arrest were due to the uncontrolled infection. We then had our client medically assessed by a cardiologist, psychiatrist and occupational therapist in order to determine the extent of her injuries and entitlement to damages.

Mindful of the expensive and lengthy nature of running a matter to hearing, Ms Baqleh arranged a mediation with the Defendant with the hopes of reaching a settlement that was acceptable to our client. After lengthy negotiations, Ms Baqleh and one of our senior barristers were able to settle on an amount of $300,000 in compensation for our client.

Our expert medical negligence lawyers have the knowledge and skills to reach the best outcome for all of our clients. anyone who has suffered as a result of sub-standard or negligent treatment from any type of medical practitioner. If you think that you may be entitled to compensation based on injuries you have suffered as a result of negligent medical treatment, please call us today on 1800 004 878 for advice or to take advantage of a free consultation with one of our accredited personal injury specialists.

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