Medical Negligence Case Study: Helping Lilly and her family

The health of you and your loved one’s is one of the most important things in the world. That’s why millions of Australians place great trust in their doctors, hospitals and healthcare providers. However, even the most skilled doctors and healthcare providers can make mistakes and fail to exercise reasonable skill and care in the provision of treatment to their patients, resulting in injuries and harm. This is known as medical negligence or medical malpractice. 

Although medical negligence claims by their nature are extremely complex, with careful and thorough preparation of the evidence necessary to support a compensation claim, we can help you receiver the compensation you deserve – just as we did for Lilly and her loved ones.

Case Study Background:

Lilly was almost 6 months old when she was taken to a hospital emergency department by her parents due to fever, vomiting and other symptoms. Lilly’s symptoms were caused by the development of a virus, which unfortunately was not considered by the doctors at the emergency department at the time of her presentation. As a result, commencement of appropriate treatmnent was delayed by a number of hours, leading to Lilly suffering profound brain damage.

Lilly’s parents retained solicitors to investigate what happened to Lilly and the treatment she received, but were advised that Lilly had no case for compensation for misdiagnosis and malpractice. It was at this point Lilly’s parents called Schreuders Compensation Lawyers.

How we helped Lilly and Lilly’s mum and dad

Prior to her injury, Lilly was  a typical 6 months old. Lilly’s father was a busy professional, and her mother decided to stay home for the first few years to care for Lilly, with the intention of eventually returning to work. Following the episode with Lilly that resulted in her injuries,  her parents approached one of the medical negligence firms in Sydney, who advised that Lilly did not have a medical negligence case for compensation. This meant Lilly would  not be able to receive financial support to help treat her injuries, which was devastating news for Lilly’s parents given the catastrophic brain damage she had sustained, which would  impact her and the entire family for the rest of their lives.

When Lilly’s parents approached Schreuders Compensation Lawyers, they discovered that the prior advice provided by Lilly’s previous lawyers was wrong and that they had failed to properly investigate the significant delay in starting treatment, and that she was not given the correct dosage of treatment.*

We, however, were able to obtain the medical evidence necessary to make a compensation claim arising from the delay in administration of appropriate treatment  and the inadequate dosage. 

In addition to the devastating impact on Lilly herself, the injuries had huge psychological and financial effects on the rest of her family and their quality of life, with Lilly’s parents no longer able to work. This resulted in high stress and anxiety. 

We took the necessary steps to completely understand the physical and emotional struggles Lilly and her family were going through, as well as the financial losses they had suffered and would continue to suffer, and made a commitment to do everything possible to make a successful compensation claim. We looked beyond the obvious, took the time Lilly’s case deserved and invested significant effort to thoroughly understand the impact of Lilly’s injuries on her day to day life, and the day to day life of her family. Through careful and thorough preparation, we were able to obtain evidence to support not just Lilly’s claim, but also, her parents’ nervous shock claims, in contrast to the advice provided by Lilly’s previous medical negligence lawyers. We built a strong case for Lilly and her parents so that they could all make a strong medical negligence claim and receive the financial compensation they deserved and were entitled to.*

* in order to protect their privacy, our clients’ names, images and key case facts have been altered. 

When can I claim compensation for medical negligence?

In order to recover compensation, you must establish a medical negligence case; that a medical professional or a healthcare provider owed – and breached – his or her duty of care to you, which led to you suffering injury and associated loss. 

The medical professional or healthcare provider is only going to be liable to pay you compensation if a reasonable and competent medical practitioner, in his or her position, could have done something to prevent or minimise your injury, but this was not done in your case, which caused your injury or exacerbated a pre-existing condition. In simpler terms, it needs to be established that the medical professional or healthcare provider could have done something to avoid or minimise your injury. 

Contact us today to see if you have a claim for medical negligence. We at Schreuders have only one goal and it is to get you justice. So, become our client now and let us help you get the compensation that you deserve.

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