It is expected that commonly treated health issues, such as kidney stones with infection, are managed without the prospect of continued deterioration and ongoing pain and suffering.
Our client had a history of kidney stones causing renal and liver problems that led to repeated hospital admissions between 2011 and 2015. On these occasions, antibiotics were administered and, if necessary, she would be transferred to another hospital for further management. In early 2019, our client again presented to hospital complaining of back and groin pain. A urine test identified blood in her urine and indicated a possible urine infection. A CT scan later that day also identified kidney stones.
Over the next two days, painkillers and steroids were administered. Her urine infection was monitored but no antibiotics were provided. On the third day, her condition had deteriorated to a point where emergency transfer was required as she was suffering from severe infection and sepsis. After assessment by a urologist, our client was scheduled for a cystoscopy. In theatre, she had a left retrograde pyelogram and it was noted that she had pus in her left ureter. A ureteric stent was placed, and lithotripsy performed for the kidney stones. She was then administered intravenous antibiotics.
On behalf of our client, we alleged that due to the mismanagement of her presenting condition, our client suffered an untreated complex infection which resulted in permanent kidney damage. Our client continues to suffer from persisting pain and, as a consequence, she is unable to sit or walk for prolonged periods and is severely restricted in her daily activities. Her kidney has deteriorated, which has significantly increased her risk to infection and reduced her lifespan as a result.
GMP received opinions from a nephrologist and an emergency medicine specialist supporting our allegation that intravenous antibiotics should have been commenced immediately and the kidney obstructions managed as soon as practicable. This would have avoided the subsequent injuries, psychological effects, and ongoing pain and suffering our client has experienced.
Gerard Malouf & Partners has a strong and knowledgeable team who exclusively practice in medical negligence and can assist if you experience ongoing pain and suffering as a result of a failure to treat. Call us now on 1800 004 878 to speak to one of our experienced medical negligence lawyers.
Negligence is a failure to exercise the care that another in the same position would prudently exercise. The harm caused by negligence is considered to be due to carelessness, rather than a specific intent or determination to cause harm.
While negligence can include misconduct in a variety of circumstances, malpractice is reserved for professionals who fall grossly short of their obligations — and harm others in the process. As a result, malpractice is often called “professional negligence”. If a licensed professional (such as a doctor, lawyer, or accountant) fails to provide the accepted standard of care and subsequently causes harm to the plaintiff, this form of negligence may be known as malpractice.
Medical malpractice is specifically used in reference to medical workers who have committed acts of negligence.
Demonstrating that a doctor fell short of their duty of care can be a challenging process. While most doctors try their best to correctly diagnose conditions and provide timely medical treatment, they can’t always be right. In every state, protections are in place to shield practitioners from some litigation. These give practitioners peace of mind on the job and protect hospitals that are doing their best with limited resources. However, these laws also set the bar for receiving compensation incredibly high.
Overall, to win a favorable judgment, you must be able to prove Duty, Breach and Damages.
If you have been injured or an existing condition has got worse following a medical procedure, or even just a visit to the doctor, then you may have been the victim of medical negligence and you may be eligible to make medical negligence claims against the professional who caused your injury.
If you can first show that you have suffered harm, and secondly, that a medical professional failed in their duty of care towards you then you may be entitled to compensation.
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In the spirit of reconciliation GMP Law acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea, and community. We pay our respects to their Elders past, present, and emerging, and extend that respect to all Aboriginal and Torres Strait Islander peoples today.
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