Case Examples    

There are many examples of medical cases as there are different types of medical advice & treatment. The following are just a few:

The Case: Delayed diagnosis of lung cancer

The problem
A woman underwent a chest x-ray which showed extensive lung cancer. She had undergone a chest x-ray two years earlier, but was not told of any early signs of lung cancer at that stage.

The resolution
Review of the earlier x-ray showed that a small lung tumour had been reported by the radiologist, but not noticed by her doctor. Slater & Gordon issued court proceedings on the woman’s behalf and applied for an urgent hearing because of her deteriorating health. Rapid medical investigations confirmed that had the cancer been treated at the time of the first x-ray, the woman would have had a very good chance of curing her cancer. Because of the delay, her chances of survival were slim.

The outcome
Breach of duty by the doctor was not seriously contested and careful negotiations led to an early settlement of the claim.

The Case: Woman not give appropriate anti-coagulant medication

The problem
A woman with a prior heart problem underwent a biopsy, but was not given appropriate anti-coagulant medication afterwards. She suffered a stroke.

The resolution
Careful review of the medical records confirmed the failure to administer appropriate anti-coagulant medication afterwards. Consultation by Slater & Gordon with an independent cardiologist confirmed that the anti-coagulant medication should have been administered, and that it would most probably have avoided the stroke.

The outcome
Sadly the woman died before her claim could be resolved. Subsequent negotiations, however, resulted in settlement of the claim for her estate and on behalf of her husband, without the need for a court hearing.

Antenatal testing failures
Failure to recommend testing or errors in reading tests for conditions such as Downs Syndrome. Many of these cases are for the costs of raising the child, following the High Court decision of Cattanach v Melchior.

Pregnancy & labour management
Failure to monitor and treat gestational diabetes or respond to foetal distress. Such cases generally relate to injury to the child, such as for cerebral palsy. See for example Hills v State of Queensland.

Surgical errors
Damage to major structures. Factual situations vary, but see for example the endoscopy claim of Marko v Falk which ultimately failed.

Sterilisation failures
Errors performing a tubal ligation or vasectomy. Many of these cases are for the costs of raising the child, following the High Court decision of Cattanach v Melchior.

Prescription errors
Prescribing the wrong medication or an excessive dose. Factual situations vary, but see for example Schultz v Bailey.