RMB Articles

Medical Negligence can be Challenged

Posted 23-05-2016
Written by admin 101
Category Compensation

In January 2004 one of RMB’s clients, Ms Freestone, was admitted to the Wagga Wagga Base Hospital with severe abdominal symptoms.  A CT scan was performed and she was treated for pancreatitis and discharged from hospital six days later.

The CT scan also showed an abnormality (a lesion) affecting the left kidney.  The radiologist's report of the CT scan made no reference to the lesion and it was never investigated further or treated.

In 2008 Ms Freestone’s general practitioner referred her for an ultrasound and a further CT scan due to symptoms which were increasing in frequency.  Those scans showed the presence of a larger lesion affecting the same region as the left kidney.

Ms Freestone was required to have a biopsy which established that the lesion was a nephroblastoma (kidney cancer).  Ms Freestone had to have surgery to remove the kidney, followed by chemotherapy and radiotherapy.

On her behalf, RMB Lawyers commenced Court proceedings against the hospital which failed to report the lesion in 2004.  The hospital denied that it had been negligent.

The plaintiff's claim was for physical and psychological injuries she suffered as a consequence of the delayed diagnosis and the treatment which she had to endure following the proper diagnosis in 2008.

The matter involved complex medical and legal argument.

Ultimately, the Court found that the majority of the expert medical opinions supported the view that, at the time, a competent radiologist would have reported the lesion and further investigation was likely to have provided a much earlier diagnosis.  The Court also accepted that the delay in diagnosis affected Ms Freestone's prospects of recovery and cure.

After assessing the effects which her injury and psychological condition have had upon her, the Court awarded Ms Freestone in excess of $600,000.  The Court also ordered the defendant to pay her medical costs and expenses.

If you are of the opinion that you have had inadequate medical treatment or care, please contact us via our "Ask Us a Question" feature or call 1800 681 211 to speak to one of our expert personal injury lawyers to investigate the prospects of bringing a successful claim.

We act in all of these matters on a 'no win/no fee' basis which means that you do not pay for our time, effort or expertise unless you bring a successful claim.