Case Overview
- A man’s father dies in an aged care home after a diagnosis of sepsis.
- The nursing home was reluctant to disclose records relating to the deceased’s care and treatment.
- Our client’s subsequent anxiety and depression as a result of his father’s death resulted in a $1160,500 payout.
Our client alleges that his father passed away as a result of a nurse at the nursing home poorly inserting/removing a catheter, resulting in a diagnosis of sepsis and subsequent death.
The nursing home was initially reluctant to disclose records relating to the deceased’s care and treatment whilst a resident at the nursing home. However, this did not stop us from persisting and persevering. We then filed a summons seeking a court order for the nursing home to provide the plaintiff with discovery and that the nursing home pay our client’s costs of, and incidental to, the summons and requests for discovery on an indemnity basis.
The judge ruled in favour of the plaintiff at the summons hearing and ordered that the nursing home provide our client with the discovery of the requested documents. The nursing home was also required to pay the plaintiff’s costs incidental to the summons and requests for discovery. The parties were also required to arrange a mediation despite the fact that there were no proceedings on foot at the time.
“We then filed a summons seeking a court order for the nursing home to provide the plaintiff with discovery and that the nursing home pay our client’s costs“
Georgette Bechara
Our Approach
With very short notice due to the court’s order for the parties to participate in mediation within a tight timeframe, we worked to successfully obtain supportive evidence from an expert psychiatrist to serve before the mediation date. We relied on the expert report to argue that the plaintiff suffered from clinically significant levels of anxiety and depression on account of the subject negligence, which resulted in his father’s death.
While the sum of money received by family members or loved ones will never resolve the traumatic experience, it helps individuals find some sense of closure.
If you have an enquiry in relation to a potential nervous shock claim or nursing home abuse claim, please call us on 1800 004 878 or fill out a form to speak to one of our experienced lawyers.
The Result
Our client’s subsequent anxiety and depression as a result of his father’s death resulted in a $1160,500 payout.
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.
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 favourable 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.
If you can first show that you have suffered harm, and secondly, that a medical professional failed in their duty of care towards you then you may be entitled to compensation.
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