Case Overview
- During admission to hospital, our client was administered 13 litres of fluids, including 5 litres of saline, within 48 hours.
- Our client has suffered respiratory decompensation with recurring chest infections, poor exercise tolerance with persisting shortness of breath and he has been diagnosed with methicillin-resistant staphylococcus aureus.
- We helped our client win a $290,000 settlement for medical negligence.
In early 2016, our client was admitted to hospital as he was experiencing an episode of vomiting and diarrhoea, with associated colicky abdominal pain. During his admission, the fluid charts indicated that our client was administered some 13 litres of fluids, including some 5 litres of saline, over the course of 48 hours. In that same period, he only voided 800 millilitres.
After complaining of shortness of breath, our client was diagnosed with fluid overload with fluid in the lungs. He was then transferred for further management.
After discharge, our client’s condition was continually monitored due to concerns of his respiratory decompensation. He was experiencing recurring chest infections, poor exercise tolerance, persistent shortness of breath and he has been diagnosed with methicillin-resistant staphylococcus aureus.
“As a result of the ongoing injuries, our client decided to contact Gerard Malouf & Partners in pursuit of monetary compensation“
Our Approach
As a result of the ongoing injuries, our client decided to contact Gerard Malouf & Partners (GMP Law) in pursuit of monetary compensation for the effect the incident has had on his professional and personal life.
We received reports from an emergency physician and a respiratory specialist regarding the level of fluids our client was administered during his time at the hospital. The medical experts were of the view that, particularly given the amount voided by our client, that he had received an excessive amount of fluid.
The hospital’s medical experts and legal team agreed that this treatment was of a standard below reasonable care.
We also obtained advice from an expert vocational expert who affirmed that our client was unable to continue with his pre-injury occupation. We confirmed with a psychiatrist who indicated that our client was suffering from chronic adjustment disorder with a mixed anxious and depressed mood due to his circumstances from the incident.
As a result of our work with experts and specialists, we secured a settlement of $290,000 to compensate our client for the pain and suffering he endured. The settlement also covered the treatment he required and loss of income that he had sustained.
Our skilled and experienced lawyers at Gerard Malouf & Partners (GMP Law) will fight for the compensation you deserve if you suffer injuries as a result of medical negligence. If you have an enquiry in relation to a potential medical negligence claim, please call us at 1800 004 878 and speak to one of our medical negligence lawyers. You can also email us via an online enquiry form.
The Result
As a result of our work with experts and specialists, we secured a settlement of $290,000 to compensate our client for the pain and suffering he endured.
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 judgement, 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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