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Other Claims

Apart from the categories specified, we have handled 100s of claims relating to other aspects of medical care.

We have handled many claims arising due to issues surrounding care in hospital accident and emergency departments (both at Perth’s major teaching hospitals + country hospitals). These often involve allegations of a failure to properly investigate a patient’s presenting symptoms, resulting in a delay in diagnosis of their serious health problem.

Common claims have related to questions of post-operative care in hospitals, where post-operative infections or complications have been experienced and yet not promptly identified or treated.

Additionally, we have handled a large number of claims relating to orthopaedic surgery, particularly associated with shoulder, knee, ankle and spinal surgery.

In recent times we have seen a growth of claims relating to mental health care. These have included claims relating to misdiagnosis and errors in medication dosages.

Set out below are a short summary of some of the recent situations we have handled claims concerning.

  • Infection with golden staph due to poor sterile technique by medical practitioner (several)
  • Negligent investigation of epilepsy, advice as to prospects with surgery and manner of performance of epilepsy surgery (several)
  • Negligent recommendation of cataract surgery and defective lens implantation
  • Failure to warn of risk of frozen shoulder following shoulder surgery
  • Failure to complete rotator cuff repair during shoulder surgery
  • Failure to properly manage post-operative infection following shoulder surgery
  • Negligent performance of toe fusion operation
  • Failure to administer anti-coagulants post fractured leg surgery – DVT resulting
  • Failure to properly manage anti-coagulation post heart valve replacement surgery, leading to stroke.
  • Failure to identify developing sepsis, secondary to small bowel leak (during hernia repair operation) and misdiagnosis as pancreatitis.
  • Failure to warn of risks associated with medication post-bone transplantation
  • Negligent performance of hip replacement surgery
  • Failure to advise on risks of adverse consequences of surgery for Peyronie’s disease
  • Failure to diagnose dissected carotid artery after motor vehicle accident
  • Failure to diagnose and treat pneumococcal meningitis in a timely manner
  • Failure to diagnose DVT resulting in pulmonaray embolism and death
  • Administration of drugs resulting in blindness
  • Failure to recognise and treat compartment syndrome following trauma/surgery
  • Negligent performance of spinal surgery
  • Failure to warn of experimental nature of metal prosthesis in spinal surgery
  • Failure to diagnose and treat appendicitis
  • Scaring of the nipple following removal of simple cyst
  • Scaring of face from diathermy needle during surgery
  • Negligent insertion of naso-gastric tube in an infant leading to perforation of the brain.
  • Failure to diagnose and treat glaucoma
  • Failure to diagnose and treat heart attack
  • Delay in diagnosis and treatment of hip fracture
  • Failure to secure post operative patient, resulting in fall from in bed
  • Failure to diagnose and treat heart disease
  • Failure to diagnose and treat diabetes
  • Failure to diagnose fracture of the spine
  • Delayed treatment of wound infection
  • Damage to retina caused by needle stick injury
  • Negligent performance of a lumbar laminectomy resulting in a cauda equina lesion
  • Failure to diagnose a cauda equina lesion of the lumbar spine
  • Failure to advise patient they were part of a trial for a new and largely untested procedure