In early 2019, our client gave birth to her child. Afterwards, she experienced instances of a low heart rate and received cardiac treatment. During 2019, our client experienced multiple pre-syncopal and syncopal episodes, with included instances of low heart rates, dizziness and loss of consciousness. Following one such episode, our client was deemed by her treating doctor to be suitable for a pacemaker.
During the insertion, the pacemaker was damaged due to over-tightening of the stitching, which rendered the pacemaker unable to accurately track and manage our client’s condition. As a result, our client continued to experience syncopal episodes. Our client eventually had the pacemaker removed and experienced an improvement in her condition.
As a result of the physical scarring from the unnecessarily inserted pacemaker and the resulting mental distress to our client, she contacted Gerard Malouf & Partners to commence a claim against the doctors.
We received reports from a cardiologist who was critical in the decision to insert the pacemaker. Our medical expert decided that the medical staff for our client lacked a clear correlation between the arrhythmia and syncope on testing in May 2019.
What this meant was that most other medical professionals in the same situation would have seen that our client either did not need a pacemaker or that the device was inserted incorrectly. Additionally, our client was postpartum and suffering transitory sinus bradycardia, which further contra-indicated the insertion of the pacemaker and would not have treated her condition.
We also obtained a report from a psychologist who diagnosed our client with a health anxiety disorder, or hypochondria.
A report from an occupational therapist indicated that our client had required significant domestic care and assistance following the implementation of the pacemaker and after its removal.
The case went all the way up to mediation where we argued on behalf of the client. Although the mediation was unsuccessful, ongoing negotiations continued between the parties. We reached a settlement sum of $180,000, inclusive of legal costs, to compensate our client for the physical and emotional pain and suffering she had experienced.
If you have an enquiry in relation to a potential medical negligence claim, please call us on 1800 004 878 and speak to one of our medical negligence lawyers.
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 worsened following a medical procedure or doctor visit, then you may have been the victim of medical negligence and you could be eligible to make medical negligence claims against the professional who caused your injury.
If you show that you have suffered harm and that a medical professional failed in their duty of care, you may be entitled to compensation.
The process can be long, but the start can be found at an RCA (root cause analysis) which must be undertaken and can be discovered by obtaining copies of the medical notes at the institution where the unfortunate outcome occurred.
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In the spirit of reconciliation GMP Law acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea, and community. We pay our respects to their Elders past, present, and emerging, and extend that respect to all Aboriginal and Torres Strait Islander peoples today.
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