Skip to content Skip to menu

breach of duty

breach of duty

Patient awarded $450,000 following failure to administer troponin blood tests
Picture of

Patient awarded $450,000 following failure to administer troponin blood tests

The Plaintiff experienced a sudden onset of excruciating pain to her chest radiating to her left arm and was taken to the Hospital’s Accident and Emergency Department for assessment. While the Hospital’s assessment of the Plaintiff involved a number of aspects, it did not include the administration of a series of blood tests designed to measure the level of a particular protein complex called ‘troponin’ in the blood....

  1. Health Blog

Read More

Patient unsuccessful in claim alleging GP failed to warn against reaction to cryotherapy procedure
Picture of

Patient unsuccessful in claim alleging GP failed to warn against reaction to cryotherapy procedure

Background On 19 March 2018, Mr Cowie (‘the patient’) underwent a cryotherapy procedure, being the use of liquid nitrogen, to remove some keratosis on his bottom lip (‘the procedure’). The procedure was performed by Dr Quinn. On 6 April 2018, more than 17 days after the procedure, the patient and his wife went on a holiday interstate when he claimed that his lips became very sore, swollen, ulcerated and extremely painful....

  1. Health Blog

Read More

Medical negligence rotator cuff injury claim fails
Picture of

Medical negligence rotator cuff injury claim fails

The plaintiff’s arm had been dislocated by a horse bite. The plaintiff alleged that the defendants each breached their duty of care to her by failing to order imaging to identify a rotator cuff injury, failing to refer her to an orthopaedic specialist, and failing to advise her as to proper care for her shoulder. The plaintiff alleged that by reason of the defendants’ failures, her treatment ...

  1. Health Blog

Read More

Patient unsuccessful in negligence claim against GP for alleged failure to refer for specialist medical treatment earlier
Picture of

Patient unsuccessful in negligence claim against GP for alleged failure to refer for specialist medical treatment earlier

Background Mr Elysee (‘the patient’) was a patient at Bankstown Medical Centre over a period of about 10 years. He had a complex combination of conditions and saw many doctors over that time. During the time when he was attending Bankstown Medical Centre he was diagnosed with diabetes and had a number of other health complaints including high blood pressure and poor renal function. In ...

  1. Health Blog

Read More

 £37 million Damages awarded in UK Clinical Negligence claim
Picture of

£37 million Damages awarded in UK Clinical Negligence claim

A 6 year old boy was awarded £37 million  (AUD$67.39) after suffering catastrophic brain damage following a delay in administering anti-viral medication.  The Claimant contracted the Herpes Simplex virus at birth at Watford General Hospital in 2012.  He suffered significant cognitive and motor impairment, eyesight and communication problems and behavioural issues. Liability was admitted and an apology was given at an early stage....

  1. Health Blog

Read More

Peer Professional Opinion Defence Rejected Again
Picture of

Peer Professional Opinion Defence Rejected Again

Mr Frangie (the Deceased) suffered a heart attack at home. He was taken to Liverpool Hospital where, following investigations, it was found he had suffered a ST elevation myocardial infarct (STEMI). As it was likely that the Deceased had been suffering the heart attack for at least a day prior to attending hospital, his late presentation suggested that his prognosis was poor. He was discharged after 5 days, on 18 November 2016, but died at home on 21 November 2016....

  1. Health Blog

Read More

Picture of

Varicose veins: risks and benefits of undergoing elective surgery

The then 58-year-old patient attended upon the vascular surgeon in April 2014 on referral from her GP regarding her varicose veins. The patient’s friend had suffered a blood clot caused by varicose veins which had broken apart and resulted in a serious condition requiring hospitalisation. In July 2014, the patient underwent varicose vein stripping surgery and later developed right hip and buttock pain requiring ongoing therapy and pain management....

  1. Health Blog

Read More