WARNING TO READERS WHO ARE ABORIGINAL AND TORRES STRAIT ISLANDER. This story talks about people who have died.
Our team of health lawyers successfully gained compensation for our husband and wife clients after we brought personal injury claims (and compensation to relatives claim for the husband) against a NSW regional hospital.
Our clients’ brother (brother-in-law) was an Indigenous man who was born with congenital rubella syndrome, meaning he was deaf from birth and mute. Our clients were extremely close to him and were more like his parents. They lived together before the brother moved to a nursing home.
The brother became ill following surgery and, sadly, later died of gangrene and undiagnosed peripheral vascular disease (PVD).
Our case for justice
We argued that our clients witnessed their brother in pain, helpless and being put in peril at the hospital. They felt that their concerns about their brothers’ pain were ignored. They continued to feel uninformed and helpless once their brother was returned to a high care nursing home. They have suffered significant psychological harm particularly due to their special relationship with him, the way in which he was treated, and the way he died.
We sought expert opinion from a General Surgeon who found various failings in the care our clients’ brother received in hospital including the surgical treatment inviting greater risk than necessary, being discharged too early, and conservative treatment of past conditions.
A Clinical and Forensic Psychologist assessed our clients as having Persistent Complex Bereavement Disorder, a recognised psychiatric illness. We subpoenaed GP records to confirm that there were no pre-existing mental health conditions suffered by either plaintiff.
An Occupational Therapist noted the severity of the impact of the death on our clients. They are now significantly more reliant on care and domestic assistance from each other, and from their daughters. Both cannot enjoy living in the family caravan as it reminds them of their brother.
Significant settlement
We were able to obtain a substantial settlement for our clients to recover damages for their own injuries and for their brother’s burial costs. Importantly, we were able to help our clients make the hospital aware of the need for vulnerable, disabled people – such as their brother – to be cared for appropriately, with diligence, dignity, and respect.
Let us fight for you or your loved one
If you or a loved one suspect you have experienced medical negligence, or feel your concerns about healthcare are being dismissed or ignored by health professionals, please do not hesitate to talk to one of our caring, expert, health lawyers about the options available to you. To confidentially discuss your needs call us on 1800 874 949 or fill in the form below, and we will be in touch.
Taking legal action can also help change health care practices and hold health care professionals to account so other people do not have to experience what you went through.
Contact us
