Medical Negligence Compensation Payouts Examples.
Here are some success stories of medical negligence compensation Payouts examples.:
- Litigation on behalf of the family of a T5 paraplegic who attended Campbelltown hospital with respiratory problems. Evidence we have suggests that the medical practitioners concerned failed to take reasonable steps to intubate the patient resulting in a severe reduction in oxygen saturation. The hospital failed in its attempts to restore breathing, resulting in the death. The matter was dealt with by the Coroner over a number of days of hearing. The Coroner made findings critical of the hospital procedures and, in particular, the failure of the hospital to have available adequately qualified persons to carry out emergency procedures and, further, that the hospital did not have readily available some of the equipment that could have been used on a emergency basis to revive the patient.
- One of our client’s gave birth to her daughter by way of routine caesarean section at Liverpool Hospital. Unfortunately for our client she had some complications following discharge and represented to the hospital a short time afterwards with a major post partum haemorrhage. As a consequence of the haemorrhage, she required emergency surgery which included the transfusion of one or more units of pact cells. It subsequently transpired that our client had contracted the Hepatitis C Virus and that the infection was most likely caused by the transfusion of a contaminated unit of blood. We have commenced proceedings on behalf of our client against the Australian Red Cross Society over its failure to properly screen the blood donor and for its failure to recognise that the blood was contaminated.
- A young mother and partner of one our clients underwent a routine procedure at Gosford Hospital involving a laproscopic cholecystectomy. The young lady, aged 24, made complaints of pain prior to her discharge. A detailed medical examination did not appear to have been undertaken prior to discharge. Upon returning home there was pain and breathing problems and calls were made to the hospital. Tragically the young lady collapsed and despite emergency treatment, died some two days following the original surgery. The distraught partner has lost his partner and their child no longer has the benefit of his mother. A Coroner’s Inquest and Court proceedings for compensation are pending.
MEDICAL NEGLIGENCE If you have suffered physical or psychological harm or financial loss as a result of negligent medical treatment, you may be able to claim compensation. In Victoria, medical negligence compensation is governed by the Wrongs Act 1958. Claims for damages arising out of medical negligence take place in the courts but the Health Complaints Commissioner can assist parties to reach resolution, including financial payment, through our complaints resolution and conciliation process.
WHAT IS MEDICAL NEGLIGENCE? To be successful in a medical negligence claim you must be able to show that: 1. the standard of care fell short of what would be reasonably expected of a medical practitioner in the circumstances, and 2. the failure to provide the expected standard of professional care caused you to suffer harm or loss. Causation must be proven on the ‘balance of probabilities’ – it is more likely than not that the wrong committed by the medical practitioner caused the harm or loss.
EXAMPLES OF MEDICAL NEGLIGENCE
Failure to diagnose a condition
Delay in diagnosing a condition
Failure to perform surgery at a reasonable standard
Failure to carry out proper pregnancy testing
Failure to test for conditions such as Down’s Syndrome
Failure to manage the birth at a reasonable standard
Failure to provide post-operative care at a reasonable standard
Failure to report correctly on test results
Failure to provide appropriate treatment
Failure to refer you to an appropriate specialist
If a health care provider has failed to fully explain the risk of a procedure or treatment to you, and you would not have proceeded with the procedure or treatment if you knew the full risks, and have suffered an injury as a result of the procedure or treatment, you may be able to make a claim for compensation.
There are many types of medical negligence cases. If you believe your health care provider has been negligent, it is important that you contact White Jordin Lawyers as soon as possible.