skip to Main Content


Growing Stronger

We’re here to help

Undiagnosed obstruction led to sudden death | Our Client’s Story

Posted on 10th September 2019
Catherine Henry Lawyers
Catherine Henry Lawyers

Share this: 

Share on facebook
Share on twitter
Share on linkedin
Share on email
undiagnosed obstruction

Our client’s 73-year-old mother tragically passed away as a result of an undiagnosed bowel obstruction. After presenting to hospital three times in two weeks, our client’s mother was finally admitted to hospital, where she died suddenly and unexpectedly.

Staff at a small regional hospital in the Hunter Valley failed to properly investigate and order appropriate tests (including radiology and blood tests) despite worsening signs and symptoms.

The manner of her mother’s death, especially the fact that it was preventable with reasonable care and treatment, caused our client to suffer a significant psychiatric injury.

We assisted our client to bring a claim in negligence, alleging that various hospital staff and medical officers breached their duty of care. We achieved a favourable settlement for our client, who received considerable compensation for her injuries and disabilities.

A tragic chain of events

The deceased presented to hospital three times in two weeks with increasing nausea, vomiting and abdominal pain. Sadly, on the first two occasions, she was given painkillers and sent home.

After two weeks suffering with her signs and symptoms increasing, our client’s mother was finally admitted to hospital. By this time, she had decreased mobility, minimal tolerance for diet/fluids, nausea and diarrhoea. She was incorrectly diagnosed with simple malnutrition, treated with a saline drip and given analgesia for her abdominal pain.

Just two days later, she was found dead on the floor beside her hospital bed. An autopsy revealed the cause of her death as acute peritonitis, volvulus and infarct of the ilium. In essence, she died of an undiagnosed and untreated bowel obstruction.

Resulting trauma and consequences

As a result of her mother’s sudden and tragic death, our client’s life will never be the same. She developed a psychiatric injury and disabilities which are ongoing, and which have irreversibly impacted our client’s enjoyment and amenity of life. Our client now experiences great difficulty in finding and maintaining employment.

Our client also experienced great physical and financial upheaval because she had to re-locate from Melbourne to the Hunter Valley to care for her sick father after her mother’s sudden death. She left her community in Melbourne and her beloved job which resulted in social withdrawal and loss of income.

Damages for medical negligence

The case was ultimately settled out of court. Our client hopes her case will serve as a warning to others – if you have any concerns regarding the medical advice you are given, seek a second opinion.

A systemic problem?

This tragic story begs the question: are small regional hospitals with emergency departments sufficiently equipped to deal with medical emergencies?

All too often it seems regional Australian hospitals are under-resourced and under-staffed in terms of their capacity to care for emergency patients. This raises doubt as to whether several recommendations in the Garling Report (2008), have fallen on deaf ears. It is unfair to patients, their families, and the medical staff who also must bear the burden of an under-resourced system.

It is essential that adequate funding is allocated to small regional hospitals, to ensure that patients receive competent acute care and treatment.

ABC’s Four Corners episode, Health Hazard, investigates how your postcode can determine the quality of the hospital care you get.

*Contributions to this article were made by CHL Paralegals Elise Jensen and Nick Audet.

Latest blog articles

Back To Top

Stay Informed

Would you like to hear from us with the legal issues and news that matters most to you?

Subscribing to Catherine Henry Lawyers monthly e-newsletter will provide you with access to expert articles, client stories, information resources, downloadable content and relevant updates on law changes that affect you and your loved ones.