Case Overview
- Our client suffered a brain bleed resulting from a General Practitioner’s negligence in prescribing anticoagulant medication.
- Our client approached Gerard Malouf and Partners regarding the treatment she was provided and the injuries she had sustained.
- Gerard Malouf & Partners sought further expert reports to continue to strengthen our client’s case before heading to trial.
A 44-year-old woman was in a high-speed accident in February 2017 and consequently suffered severe injuries and was admitted to hospital for two weeks. Upon her discharge, she was prescribed Clexane for a further 15 days for underground vein thrombosis prophylaxis. At this point, it was considered acceptable for our client to have been prescribed this for two weeks as the medical research indicated that the rate of major bleeding associated with a low dose of Clexane was generally less than 1% for a 7 to 10-day course.
Following a month after her discharge, our client attended to her General Practitioner to review her medication. At this point, her General Practitioner decided to continue to prescribe Clexane to be injected daily. Within three weeks of this course of treatment, our client started to felt severe uneasiness and had a fall but did not suffer any impact on her head.
A CT scan of the brain revealed that she developed subdural hemorrhages and consequently had to undergo brain surgery to drain the hemorrhage. Following the surgery, our client has been left with some deformities on her head and now continues to be on constant medication regularly.
“We sought further expert reports to continue to strengthen our client's case before heading to trial. ”
Antonin Sebesta
Our Approach
Our client approached Gerard Malouf and Partners regarding the treatment she was provided and the injuries she had sustained. Mr. Antonin Sebesta and his team took on the matter and investigated the issues to determine whether there was negligence.
Mr. Sebesta and his team qualified an expert Clinical Pathologist and expert Neurologist who were able to provide strong liability evidence regarding the cause of the brain hemorrhages being a result of the anticoagulation medication which was negligently prescribed for longer than it should have been.
After obtaining strong evidence, the parties proceeded to mediate in an attempt to resolve the case however the parties could not agree.
The matter was set down for hearing for five days but shortly before the case was due to commence a further settlement negotiation ensued as a result of further expert evidence that Mr. Sebesta and his team had obtained resulting in a settlement of the case.
The Result
We obtained settlements worth $120,000. Our client was very happy with the outcome over which she had retained control in contrast to the uncertainty of litigation.
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