Gold Coast family receives over $180,000 following womans death in local hospital

Published 17 Apr 2018

Practice Area: Medical Negligence & Malpractice Claims Lawyers

The clients were a father and daughter who sustained nervous shock injuries following the death of their wife and mother respectively. On 12 September 2012 the deceased presented to the emergency department of a local hospital following an injury he sustained 4 wheel driving while he attempted to change an axel.

The plaintiff received care from the local hospital including a number of radiological scans and blood tests.

Between his admission and the end of September 2012 the deceased clinical signs and symptoms became so severe as to prompt the defendants that he had a possible spinal infection.

On 28 September an MRI was performed which showed that a spinal abscess had formed and was in its critical stages. The deceased was rushed to surgery but unfortunately died in the early hours of 29 September 2011.

As a result of the death and mismanagement by the local hospital, the deceased’s family sustained psychiatric injuries.

Shortly after meeting with Leslie Abboud the Clients signed a cost agreement and all clinical notes in relation to the treatment and subsequent death of their family member. These were reviewed and provided to an expert in infectious diseases and infections as well as an expert Neurosurgeon who commented on the negligence as well as the failures of care by the hospital.

With the liability evidence to support our clients claims, personal injury proceedings, documentation was completed and filed with the District Court NSW.  After having the clients examined to determine the extent of the physiological injuries and the continuing affect that it will have on their lives  Leslie Abboud organised a mediation to occur between our office and the insurance company for the at fault hospital.

Ultimately each of these matters settle for $175,000 to the Husband of the deceased and $11,000 for the daughter of the deceased. Both of these clients were very happy to see a resolution to the claim.

At Gerard Malouf and Partners we are not a giant publicly listed law company, but we are highly specialised and focused personal injury specialist law firm. We are small enough to care intimately for our clients, but large enough to have a solid financial and expert recourses our clients need to fight and in their cases!