Our client’s suffered emotional distress as a result of the passing of their mother and grandmother. Following review by a specialist, the deceased was identified as being at a high risk of colorectal cancer. The deceased subsequently underwent a colonoscopy which identified a 4cm polyp in the ascending colon. During two separate operations 8 months apart, the hospital decided not to remove the polyp. Significantly, the hospital also failed to perform a biopsy during this period.
Due to the failure to perform a biopsy, the severity of the deceased’s condition was not diagnosed. The deceased was then put on a 90-day waiting list for a hemicolectomy, which was subsequently rescheduled three times for various reasons. After almost 2 years following first identification of the polyp, the deceased underwent a laparoscopic right hemicolectomy during which multiple peritoneal nodules were identified.
As a result of the emotional pain and suffering that our clients have suffered, our clients decided to contact Gerard Malouf & Partners to commence a claim against the hospital for the lost opportunity to diagnose and treat their mother and grandmother when it could have made a difference.
We received reports from a general and gastrointestinal surgeon and an oncologist who indicated that the failures to undertake biopsies during the initial 8-month period was negligent. This led to unnecessary and avoidable delays such that by the time the diagnosis was made, and treatment commenced, it was too late. Had the deceased been diagnosed and treated earlier, her chance of survival would have been significantly increased. We also received an opinion from our psychiatrists who diagnosed the daughter and grandchildren as having suffered from emotional distress.
Although the money will not bring back the deceased, it represents an acknowledgement of the pain, grief and loss they have experienced and will hopefully provide some closure.
Losing a family member is always a difficult time. This is even more the case when treatment could have avoided an early death. 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.
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 favorable 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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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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