Queensland Brother and Sister settled claim for over $125,000 following delayed diagnosis of their father’s cancer

Published 12 Oct 2016

In this tragic case a brother and sister brought proceedings against their father’s general practitioner for a failure to diagnose their father’s cancer.

Sometime in 2010 our clients’ father suffered an aortic aneurism in his abdomen which then required monitoring via CT scans at regular intervals; every 6 months then every 12.

On one of their father’s regularly scheduled scans, revealed a mass on his pancreas. Specifically, the radiologist performing this scan remarked that it was possibly a carcinoma and required further testing. It is well known the pancreatic cancer can be extremely aggressive and deadly. Nonetheless, our clients’ fathers GP failed to respond with adequate haste and an understanding of the seriousness of this finding.

Instead, there was a delay in referring for further scanning and a further delay in referring our clients’ father to the appropriate specialists. Ultimately, this culminated with the diagnosis of a deadly form of cancer and unfortunately, the family patriarch was unable to be saved.

Understandably distressed, this brother and sister approached Gerard Malouf and Partners, where Mrs Christine Beshay, an accredited specialist, and a compassionate practitioner, took carriage of their matter. Ms Beshay obtained all the relevant medical records and the opinion of an expert professor in establishing that the duty owed by the general practitioner had been breached.

Mrs Beshay also briefed an expert Barrister to assist and then began obtaining expert evidence from an oncologist and psychiatrist. It quickly became clear that this case, as so often occurs with cases involving cancer, would require a compromise. This arose because it is extraordinarily difficult to properly understand and prove the way in which a cancer may progress over time, and the period when intervention is likely to be successful.

On this basis, and being aware of the medical and legal complexities in this case, Mrs Beshay sought to negotiate a settlement. Through the engagement of an Informal Settlement Conference Mrs Beshay was able to negotiate a settlement of $130,000.00 medical negligence compensation for our aggrieved clients.

Whilst we understand that this settlement will never bring back their loss, we hope it assists in providing them with a sense of justice and closure.

We are highly specialised and focused lawyers with the financial medical expert resources to support and bring on your claim.

For over the phone free advice or to take advantage of our face to face consultation call our expert medical negligence team today on our free call number 1800 004 878.

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