QLD Hospital Negligence - QEII Jubilee Hospital

[ou812]

Good evening,

I am writing on behalf of my partner. Last year, in September, she went into surgery to remove an abscess under her left arm. The medical team were saying the infection should go away after a couple of weeks but didn't. The surgery was unsuccessful as the infection and abscess kept coming back, she went under a second time, and it was still unsuccessful. After the third surgery the problem was finally resolved.

She underwent 2 surgeries at the QEII Jubilee Hospital before the GP sent her away to the Princess Alexandra Hospital (PA) for her third surgery.

Several months later, the QEII Jubilee Hospital called her and they acknowledged the mistake they made (ultrasound results showed a piece of material still in her arm after surgery, not sure whether this was packing done by the nursing team or surgical team). Either way, the QEII Jubilee Hospital acknowledged the error and they want to organise a meeting with her. The director of the QEII Jubilee Hospital and someone from the ethics and finance department will also be there.

We are curious as to what goes on in these types of meetings? Are they going to make her sign some documents? Are they going to compensate with money? Should we bring a lawyer or legal aid with us? Don't really know what to expect, any help is appreciated.

 

[Tim W]

Given the formality of this scenario, the seeming seniority of the players on the hospital side,
and the fact that it seems to have been initiated by them, rather than you,
you would be well advised to consult a lawyer who works in the field of personal injury
before going to a meeting of this kind.
I would be surprised if legal aid was available for this matter (but I am in NSW, and the rules may be different in Queensland).
Hopefully some of the Queensland lawyers on this board will be able to provide more helpful suggestions.

 

[ShireenHazlett]

Yes, she should certainly get advice off a lawyer before going to the meeting.

Has she lost any income as a result of the botched surgeries?

 

[ou812]

Yes. She wasn't able to work during that time and because she's casual she doesn't get any sick or annual leave. Her mother had to come down from Townsville to care for her while I was at work (Travel expenses). I had to work extra shifts so I could pay bills and what not.

 

[ShireenHazlett]

From my experience, and from the limited facts you have told me, it would appear that she may be able to bring a claim for compensation against the hospital. It's important that she speaks to a lawyer before the meeting so that she's aware of her rights/entitlements beforehand. Hope this assists!

 

[procrastinasian]

Hello ou812,

First of all, I'm sorry to hear what happened to your partner. I hope that she's handling what's happened to her reasonably well and I'll keep her in my prayers for a speedy recovery.

I'm not sure if you want the input of a law student (working as a paralegal), but I definitely agree with the other professionals. I work in personal injury as well and in general, medical negligence can be a very difficult and touchy issue to deal with (as I'm sure Tim and Shireen already know.)

Most Qld personal injury firms offer free initial consultations for you to ask your questions and get some initial legal advice risk free. I think both Tim and Shireen hit the nail on the head for recommending that you consider those options.

I did a brief search on legal aid resources, and this is the best explanation I can find. It looks like your best bet is to consult a personal injury lawyer because what they are providing is very limited information only.

To help with your lawyer search, I also recommend that you try to find a lawyer who is an accredited specialist in personal injury.

Hope that this little bit of information helps.

I wish you the best for you and your partner.

- Kris