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This case involved a 60 year old woman who was admitted to a hospital in the Australian Capital Territory for day surgery. She was required to fast prior to the surgery which often occurs in certain day surgeries. Her surgery was performed between around 2:30pm after arriving at the hospital in the morning. About one and a half hours later, her surgery was completed successfully and she was transferred to a recovery room.

This woman had not been in hospital for some 30 years and was not explained to her the procedures of the hospital including mobilising to attend the bathroom and the location and identification of buzzers was not explained to her. Furthermore, she was suffering from the after events of anaesthetic medication including dizziness, hypertension, unsteadiness and faintness.

To compound her situation whilst remaining in this hospital, she was provided with no food by the nursing staff because the hospital had “run out”.

In the circumstances, she was left alone in her bed and in the early hours of the following morning at 4:20am, she left her bed to transport herself to the bathroom. In the condition she was left in,she became faint and fell over injuring her right shoulder and elbow which necessitated for further surgery to repair her injuries.

Given the rural location, her injuries prevented her from travelling the long distances she required to attend work. Furthermore, the treatment she had received in this hospital had caused her great distress and consequently she contacted Gerard Malouf and Partners where Mr Leslie Abboud, a senior solicitor with over 30 years’ experience in medical negligencetook carriage of her case.

Upon receiving the clinical records, Mr Abboud immediately identified the disinterest the nursing staff had for this woman and providing proper nursing care to her. Consequently he obtained further evidence and immediately briefed an expert nurse to comment upon the care and treatment she had been provided with.

In doing so, Mr Abboud was able to obtain supportive expert evidence in response and consequently briefed an expert Barrister and obtained further evidence of the degree of damage suffered by our client.

Fortunately, without having to incur the costs proceeding to a court hearing, Mr Abboud promptly arranged a mediation and this matter was able to be resolved for almost $200,000.00 in our client’s favour. We hope that this result provides the compensation required to assist in providing comfort to our client in circumstances where she had an ongoing injury and is unable to travel to her work. We hope results like this encourage hospitals to take their patients seriously and to ensure they are kept in a stable condition and in a safe environment.

Estimating the duration of a personal injury case is always difficult. Each medical negligence claim is different, and unforeseen circumstances can cause delays or even expedite the process.

Whether or not the matter proceeds to court hearings is a major factor in how long a claim takes to resolve. At Gerard Malouf & Partners, between 80 and 90 per cent of our clients accept a settlement before the case goes before a judge.

If a claim isn’t resolved via a settlement or mediation, the process can take considerably longer, particularly when appeals arise.

Nevertheless, we can estimate how long the average case takes based on government figures and our own experiences.

What does medical negligence data say?

Medical indemnity statistics from 2008-09 to 2012-13 provide the latest official data available from the Australian Institute of Health and Welfare (AIHW).

The average length of time between a health care incident occurring and the resulting medical negligence claim closing is between three and four years, according to the AIWH report.

Typically, it takes approximately two years for a plaintiff to open a claim against the medical practitioner allegedly responsible. This delay is usually because it can take several months or even years for a patient’s symptoms to stabilise in order to proceed with a claim.

Between 70 and 78 per cent of claims from 2001 to 2008 were resolved within five years, the AIHW confirmed. However, these statistics only covered cases brought against public sector health providers, which only comprised around one-quarter of new claims in 2012-13.

Making a claim with GMP

The official data roughly corresponds with our own experiences here at Gerard Malouf & Partners.

Our clients’ cases usually take between 18 months and three years to resolve, although the extent of damage that a patient sustains and the medical complexities involved are crucial factors in estimating a timeline. A claim generally takes two years to resolve from the date that a Statement of Claim is filed with the Supreme Court or District Court.

If you are concerned about the potential duration of a case, Gerard Malouf & Partners may advise you to seek a settlement at an early stage in an effort to reduce legal costs and the emotional strain of going to court.

Speak to a personal injury expert at Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers to determine whether you are eligible to make a claim.

Cycling accidents have become a growing concern in the Australian Capital Territory (ACT) following several high-profile incidents over the last few years.

The tragic death of endurance cyclist Mike Hall in March sparked debate over whether the ACT’s roads were still safe for people riding their bikes.

Furthermore, a man riding an electric bike was awarded $9 million in compensation in 2016 after a collision with a motor vehicle that left him with quadriplegia.

How can I stay safe?

Cyclists are considered vulnerable road users due to the severity of injuries they can suffer when involved in accidents.

So how can cyclists stay safe? Here are a few tips from the ACT government:

Wear an approved safety helmet: Cyclists must always wear helmets to protect from head injuries if they are involved in a crash. Any helmet should be in line with relevant Australian Standards in either the ACT or NSW.

Wearing a helmet has been enshrined in ACT law since 1992, and riders must be compliant whether they are cycling on the road or a path.

Care for your bike: Accidents aren’t always due to other road users. A poorly maintained bike could risk failing at a critical time, especially if lights, brakes or the bell fail.

Cyclists should always assess the condition of their bike and rectify any issues before embarking on a journey.

Use your lights: Anyone riding a bike at night is legally required to have a white headlight, a red taillight and a red tail reflector.

These simple measures protect cyclists in two ways; they can see where they are going, as well as be seen by other road users.

Be careful: Cyclists should prioritise their safety and that of others when riding their bike, which means adjusting their behaviour according to the surroundings.

Always be on the lookout for hazards and risks that could lead to an accident, including damaged roads or paths, overhanging foliage, pedestrians and motor vehicles.

Can I claim compensation?

A 2015 ACT government report found cyclist casualties are trending upwards in the territory, largely due to the fact more people are riding bikes. There were 41 casualties in 2006, but this had more than doubled to 94 by 2014.

Cyclists who are injured in motor accidents where they are not to blame or only partly at fault could be eligible for compensation.

If you would like to discuss cycling accident damages, please contact Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers for more information.

Manufacturers have taken great strides in recent years to make vehicles safer for drivers, passengers and other road users. But traffic accidents remain a significant hazard in modern society.

In fact, they are the third most frequent cause of death in people aged between 25 and 44, according to Australian Institute of Health and Welfare figures. For children aged between one and 14, land transport accidents are the country’s biggest killer.

Understanding how and why motor vehicle crashes occur can help people protect themselves and their families better while on the road. Here are the most common types of car accident in the Australian Capital Territory (ACT).

Accident frequency versus severity

Nearly 45 per cent of collisions are drivers rear-ending each other. There were 3,465 rear-end crashes in the ACT in 2015, state government figures show.

The majority of people who were involved in these incidents came away unscathed. But a rear-end collision was still responsible for one of the 14 deaths that occurred on ACT roads that year.

The most likely accident to result in a fatality is a head-on collision. While there were only 53 head-on crashes in 2015 (less than 1 per cent of the total), four people died and 17 were injured.

Despite this, ACT government analysis revealed that the most ‘severe’ accidents are right-angle collisions, which is when the front of one vehicle ploughs into the side of another.

Severity takes into account both frequency and injury rates. Right-angle crashes comprised almost 14 per cent of all incidents in 2015, with 159 collisions causing injury, as well as two deaths.

Canberra is animal crash hotspot

The ACT government report showed the territory consistently reports the fewest road accident deaths in Australia per 100,000 people.

Nevertheless, insurer AAMI recently said the ACT holds the dubious honour of containing the national hotspot for animal collisions. Canberra’s regional setting and proximity to bushland means local drivers often strike animals on the road.

“Wildlife is unpredictable and can appear out of nowhere, so it’s vital to be extra cautious, particularly in areas which [have] high volumes of wildlife,” AAMI Spokesperson Ashleigh Paterson stated.

ACT government statistics showed animal collisions were responsible for 172 vehicle accidents in 2015, although only one of these incidents caused injury to the road user.

Nearly 2,900 people in the country committed suicide in 2016, according to the latest Australian Bureau of Statistics data.

Suicide is also the leading cause of death among Australians aged between 15 and 44, Australian Institute of Health and Welfare research shows.

Medical practitioners have an obligation to ensure they exercise reasonable care and skill when they provide treatment and advice to patients. But how does this duty of care relate to mental health and suicide attempts?

Can a doctor or medical facility fail in their duty of care if they do not have the correct processes in place to supervise people who are at risk of taking their own lives? A recent case that went before the ACT Supreme Court provides insight into how liability laws are applied in these cases.

Man admitted to hospital after suicide attempt

The plaintiff, whose name was suppressed, was admitted to Canberra Hospital in 2007 after self-harming and threatening to throw himself off a neighbour’s roof.

Police officers detained the man and took him for treatment under mental health laws. A full written statement was provided to medical professionals, and they were aware the patient had psychological problems, including delusions.

Later that day, the plaintiff fled from the ward and ran to a multi-story car park, where he jumped from one of the aboveground levels of the facility, breaking both his legs.

The plaintiff claimed the hospital was negligent by failing to:

• Properly monitor him;
• Prevent him from self-harming;
• Perform checks on whether he was at risk of self-harming; and
• Adequately respond to knowledge that he was prone to self-harming and delusional.

What was the judge’s decision?

Justice John Burns ruled that the hospital showed a “clear failure” in not assessing the man’s psychological state within four hours of admission, as mental health laws require.

Moreover, the judge decided staff did not respond appropriately to knowledge that the man was delusional, which would likely have led to more strict detention measures.

“Had that occurred, it is probable that the plaintiff would not have been able to abscond and would not have suffered the injuries that he did,” he explained.

Justice Burns therefore awarded the man more than $130,000 in damages and out-of-pocket expenses.

The case emphasises the high standards that medical practitioners and hospitals must adhere to when dealing with patients who are at risk of suicide.

If you would like to pursue compensation through a liability claim, please contact a member of our team at Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers.

The terms ‘plaintiff’ and ‘defendant’ are used in car accident compensation cases – and other civil law matters – to represent the individual pursuing the claim and the people or organisations being accused, respectively.

As a plaintiff, you may encounter another phrase: the Nominal Defendant. But what does this mean? And how could it affect your Australian Capital Territory motor vehicle accident damages?

Understanding the Nominal Defendant’s role

The Nominal Defendant is a statutory office that acts as a stand-in for a regular defendant in various circumstances.

This most commonly occurs when a plaintiff is injured in a hit-and-run accident, or they are involved in a crash where the other driver doesn’t have compulsory third-party (CTP) insurance.

In other words, the Nominal Defendant ensures that people can still pursue compensation even if a motor vehicle insurer isn’t available to defend the claim.

Most states and territories have a Nominal Defendant office or a direct equivalent to prevent individuals being left high and dry, through no fault of their own, after an accident.

How does this affect my car accident compensation claim?

There should be no impact on your claim, whether you face the Nominal Defendant or a regular insurer.

CTP insurers and the ACT and Commonwealth governments provide funding to the Nominal Defendant, meaning successful claimants will receive the full compensation to which they would be entitled under any other circumstances.

In 2015-16, there were 115 unresolved car accident compensation claims, according to the ACT Nominal Defendant Annual Report. The office set aside a total of nearly $30 million to settle these cases.

The report revealed that the average claim size during the one-year period was $117,000. Of the 115 cases still open, 55 per cent are due to crashes involving unregistered or uninsured vehicles, while 39 per cent were accidents where the driver responsible couldn’t be found.

Pursuing an ACT car accident compensation claim

The Nominal Defendant won’t always settle cases without a fight, and the office may defend itself all the way to court proceedings if it disagrees with the plaintiff’s version of events surrounding a crash.

As such, it’s important to enlist the services of expert car accident compensation lawyers to represent you.

Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers has decades of experience handling personal injury claims involving the Nominal Defendant and CTP insurers.

Please contact us today to see how we can help.

Medical negligence payouts can run into the hundreds of thousands of dollars, but the biggest settlements may result in a plaintiff receiving compensation worth millions.

So what is the largest payout that a hospital in the ACT has ever made? This is a difficult question to answer, as many claims are often settled before they reach a public hearing in court.

As part of the payout agreement, the plaintiff is usually asked to sign a confidentiality clause that prevents them from discussing the amount and terms of the settlement.

However, if medical practitioners choose to defend a claim, the results become a matter of public record. We’ve scoured the ACT Supreme Court website to identify the biggest payout in recent years.

Baby develops cerebral palsy due to medical negligence

In 2004, a severely disabled woman was awarded nearly $8.4 million after Justice Malcolm Gray ruled that her doctors were negligent during her delivery as a baby.

The plaintiff, who was born in 1980, developed cerebral palsy due to brain damage she sustained while being born.

Her mother was a high-risk pregnancy, and the obstetrician who oversaw the birth was accused of several instances of medical negligence, including:

• Not recognising foetal distress quickly enough;
• Delaying a caesarean birth, despite the plaintiff’s mother experiencing two genital haemorrhages; and
• A failure to diagnose placenta praevia, which is a condition where the placenta is abnormally located within the uterus.

In a letter to a fellow obstetrician following the birth, the defendant doctor said:

“We have had a disaster with [the patient’s mother] … although the baby is alive it appears to have severe neurological damage and, frankly, I hope it doesn’t survive. I feel that I didn’t do too much good last Sunday.”

A record medical negligence payout

When awarding the settlement, Justice Gray admitted it was a “very significant figure” and pointed to the serious disabilities that the plaintiff has suffered as a result of the defendant’s negligence.

Future care costs alone were calculated at more than $4.3 million, as the woman needs 24-hour support from two attendants.

“The purpose of damages is to award such [a] sum of money as will, as nearly as possible, put the plaintiff in the same position as if she had not been injured by the defendants’ negligence,” Justice Gray explained.

Medical negligence claims are a complex area of liability law. They are often among the most difficult cases for claimants to win because medical practitioners perform a challenging job in high-pressure environments, so they are afforded some professional leeway.

But medical negligence is still taken seriously in the ACT. A woman settled a claim against Canberra Hospital earlier this year for $12 million after she suffered a stroke and brain damage following drug treatments for migraines.

Nevertheless, you will need sufficient evidence that negligence has occurred, so here is a brief list of the types of proof you can present at trial to sway the courts in your favour.

Plaintiff statement

Medical negligence lawyers need a statement from the plaintiff that outlines the circumstances of the case from their perspective. This statement will cover issues such as when the initial symptoms appeared, what discussions with medical practitioners occurred and the resulting outcomes of treatment.

Witness statements

Any witnesses the claimant can draw upon to support their case are crucial, as they can provide third-party confirmation of what occurred. This can be difficult in a medical negligence case, as most communication with doctors will be one on one or only witnessed by medical colleagues, who may be reluctant to speak out against a fellow professional.

Medical documentation

Medical records and other documentation showing the claimant’s treatment process are vital to proving negligence. Doctor’s notes, copies of diagnostic tests and a patient’s medical history help paint a picture of the whens, wheres and hows of the claimant’s experience during treatment for their illness or injury. They also provide confirmation of any plaintiff and witness statements made.

Expert opinion

Experienced medical negligence lawyers have access to independent experts who can judge a case on its merits and provide specialist testimony if the matter proceeds to court. Medical experts can also offer advice on whether or not the claim is likely to succeed at all, which can stop people from pursuing lost causes.

Proof of losses

Claimants who win medical negligence claims receive compensation for a range of economic and non-economic losses. These include:

• Past and future loss of income and superannuation;
• Past and future treatment and care costs;
• Expenses for home modifications and other support aids; and
• Redress for pain and suffering, loss of life expectancy and a poorer quality of life.

Individuals must therefore provide compelling evidence of the financial and emotional impact of their injuries in order to receive maximum compensation.

Discuss medical negligence claims with Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers.

Canberra has the dubious honour of being the Australian city where the most collisions occur between vehicles and animals. It is the second year in a row that the ACT capital topped the rankings, according to insurer AMMI.

The firm analysed 40,000 claims across 2015 and 2016, with kangaroos found to be the most hazardous animal to encounter on the road. Wallabies, wombats and dogs were also commonly involved in crashes.

Here are some AMMI tips on how to avoid animal collisions:

1. Stay extra vigilant at dawn and dusk

These are the times that wildlife are most active, so be on the lookout. The data shows that Friday is the most dangerous day of the week for accidents involving animals, with 6-7am and 5-7pm being particularly hazardous.

2. Beware kangaroos

Nearly 90 per cent of crashes are due to kangaroos. They travel in packs, so if you see one crossing a road, you can expect more to follow. In the event you collide with a kangaroo, you should check whether it’s a female and has a joey in its pouch that may need rescuing.

3. Watch out for dead animals

Dead animals on the road may suggest there is lots of wildlife in the area. You should slow your vehicle and pay more attention to your peripheral vision, particularly in forest and grassland areas where animals are more likely to reside.

4. Try to avoid swerving

You should make every effort to slow down and brake if you encounter an animal on the road while driving, but don’t swerve your vehicle to avoid a crash. Evasive manoeuvres could put yourself and other road users at risk, as you may miss the animal but hit other vehicles or pedestrians.

5. Be wary of winter weather

AMMI noted that collisions peak in the winter, increasing 68 per cent nationwide as the colder weather sets in. As Australia settles into spring, drivers may feel the worst is over, but vehicle owners should always be careful on the country’s roads, whatever the conditions.

Can I make a claim for car accident injuries?

Car accident compensation may be available for people involved in crashes caused by wildlife, but a payout is likely to be dependent on the situation and what actions the driver took to avoid the incident.

If you’d like to discuss compensation for injuries you’ve sustained as a result of an animal-related accident, please contact Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers for more help.

Medical practitioners must obtain informed consent from patients before going ahead with treatments in the ACT, but what does this mean?

Informed consent is when you formally acknowledge that you have been warned of the potential risks of treatment and are agreeing to proceed. This may sound like a simple process, but some medical negligence claims allege that plaintiffs were not adequately told of the potential repercussions of treatments.

A study of medical negligence claims published in the Medical Journal of Australia revealed that 3.4 per cent of cases involved informed consent issues.

Informed consent also featured in 11.5 per cent of conciliated complaints, according to the research, which covered grievances lodged with the Office of the Health Services Commissioner of Victoria between 2002 and 2008.

What should I expect from my doctor?

ACT Health outlines four crucial elements of informed consent:

1. Your health professional should discuss all available treatment options;
2. You must decide whether or not you undergo treatment;
3. Your doctor should obtain consent for every episode of your treatment; and
4. A formal record should be made when you accept or refuse treatment.

You have the right to ask for a second opinion from another medical practitioner, and you can choose to withdraw or provide consent at any time, even if this contradicts a previous decision.

One of the most common areas of dispute for informed consent cases is when English isn’t the patient’s first language. You should therefore seek the services of a professional interpreter if you do not understand your treatment options.

I did not provide informed consent. What do I do?

If you do not believe you were adequately informed of the risks of treatment, and you subsequently suffer injuries or illnesses as a result, you may be entitled to compensation through a medical negligence claim.

These cases can be tricky to prove, as consent doesn’t necessarily have to be written. Consent can be provided verbally or implied, such as when you offer your arm to a doctor so they can take a blood sample.

You should therefore discuss your experiences with expert medical negligence lawyers in the ACT to ensure you have the best chance of receiving compensation.

Please contact a member of our team at Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers for more information.