Case Overview
- Our client was rushed to the hospital by ambulance following a series of syncope attacks resulting in falls due to temporary loss of consciousness.
- Solicitor Susan Newman took on this case and argued on behalf of her client that the hospital was negligent for leaving her client unattended in the toilet.
- Our client received a $200,000 settlement after being left unattended on the hospital toilet following a syncope attack, leading to a serious neck injury.
Our client was rushed to the hospital by ambulance following a series of syncope attacks resulting in falls due to temporary loss of consciousness. His presentation to the emergency department was characterised as him sweating profusely, nausea, diaphoretic and ECG changes and requiring assistance with movement.
Shortly after our client’s admission, he was assisted by hospital staff to the toilet and was advised to press the buzzer when he had finished. However, our client had no way of alerting hospital staff to assist him as the buzzer which he was told to press was not within reach when he was sitting on the toilet. Our client’s wife became concerned and opened the bathroom door to find him unconscious on the floor.
Hospital staff assisted our client to stand up, but he fainted again, requiring CPR. Thankfully, our client responded quickly. However, images taken shortly after the incident revealed he had sustained a fracture of the C2 vertebra of the right eighth rib as a result of the fall in the hospital bathroom.
Our client continued to suffer from constant posterior and right-sided neck pain.
“Seeing the devastating effects of his physical injury on his quality of life, our client sought expert advice and assistance from Gerard Malouf & Partners.“
Susan Newman
Our Approach
Seeing the devastating effects of his physical injury on his quality of life, our client sought expert advice and assistance from Gerard Malouf & Partners. Solicitor Susan Newman took on this case and argued on behalf of her client that the hospital was negligent for leaving her client unattended in the toilet. Staff should have known he had two syncope episodes at home prior to his admission and required assistance to move. Such a mistake had resulted in an injury to her client.
We obtained an expert opinion in support of a failure by the nursing staff to assign our client to strict bed rest and implement high-fall-risk prevention measures. On the basis of this expert evidence, we were able to commence proceedings against the local health district.
While some resistance to the claim was initially pressed, we were able to enter into settlement negotiations between the parties by way of mediation. Newman and her team, including an expert barrister, negotiated a settlement of $200,000.
At Gerard Malouf & Partners, we pride ourselves on assisting those who are mistreated, misdiagnosed and inadequately cared for by the health system.
For free over-the-phone advice or to take advantage of our free face-to-face consultation, call Gerard Malouf & Partners on 1800 004 878 and ask to speak with one of our experienced medical negligence lawyers. Or you can fill out an enquiry form for less urgent matters.
The Result
Newman and her team, including an expert barrister, negotiated a settlement of $200,000.
Susan Newman
Senior Associate
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 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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