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Settlement for family members after the loss of a loved one due to medical negligence | Our Client’s Story

Posted on 12th November 2020
Catherine Henry Lawyers
Catherine Henry Lawyers

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Settlement for Medical Negligence


Our client was only 50 when she died. She had an elective procedure so that she could undergo treatment for her chronic renal failure at home. That procedure was abandoned because our client suffered a cardio-respiratory arrest. She was resuscitated and an arterial line inserted in her thigh to monitor her blood pressure while in Intensive Care.

When that line was removed, it caused a haematoma (bleeding outside of blood vessels). The development of that haematoma – and the delay in its diagnosis – was caused by the negligence of the hospital and caused the death of our client’s wife and mother. Our clients describe feeling their mother had been neglected and forgotten about by hospital staff.

Our case for justice and compensation

Our health law team made a case for the psychological trauma our clients suffered due to the manner of their loved one’s death. We argued that each suffered injuries and disabilities which are ongoing and which may in fact never resolve.

Our team exposed the paucity of records with respect to both the insertion and removal of the arterial line and the lack of nursing notes in our clients’ loved ones transfer from intensive care to the ward – which were used to prove inadequate quality of care. Hospital staff clearly failed in their duty to carefully apply digital pressure for the necessary period.

It is widely accepted amongst surgeons of all specialities in Australia that the puncture of a major blood vessel followed by a failure to achieve haemostasis needs the urgent involvement of a specialist vascular surgeon which did not occur.

The hospital’s own internal investigation noted poor handover and poor communication were contributing factors.

We used independent, expert opinion from an occupational therapist and psychiatrist to detail the mental and physical issues our clients face due to their loved one’s death.

Significant settlement

We were able to obtain a substantial settlement for each of our clients to help compensate them for their significant psychological and physical injuries resulting from the death of their wife and mother.

Let us fight for you or your loved one

If you or a loved one suspect you have experienced stillbirth because of medical negligence please do not hesitate to talk to one of our caring, expert, health lawyers about the options available to you. Simply call 02 4929 3995 or get in touch here.

Taking legal action and holding health care professionals to account can play a role in changing health care practices.

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