ACT negligence settled
Canberra Hospital will pay a $7 million settlement to a 17-year-old boy as part of a medical negligence case.
The case was related to his diagnosis and treatment for pneumococcal meningitis and septicaemia when he was just three months old. The settlement had to be approved by the ACT Supreme Court since the boy is still a minor.
The case had been a long time coming, with Associate Justice Verity McWilliam noting that the “harrowing events giving rise to the litigation occurred in 2006”.
The boy was brought into the hospital as a baby with the illness, which had changed “his life course”.
While the hospital admitted to a failure in its duty of care regarding certain issues, it denied overall liability.
After several medical reports, a compromise was reached between the family and the hospital, leading to a settlement figure of $7,350,000. The court had to determine whether the amount was in the best interests of the boy and sufficient under the circumstances.
Associate Justice McWilliam agreed to the settlement amount, noting the expense and stress of a lengthy hearing.
“The plaintiff and his parents have been dealing with the consequences of the events in 2006 for 17 years,” Associate Justice McWilliam said.
“They will continue to do so for the rest of the plaintiff's life, and the quantum of the settlement reflects that reality. I am satisfied that the settlement of the case for the amount proposed is overwhelmingly in the plaintiff's interest.”
Canberra Health Services apologised to the boy and his family for the hospital's care not being up to the expected standard in a statement.
The spokeswoman acknowledged the profound and lasting impact on their life and hoped that the settlement would provide some closure.
The settlement ends a legal battle that began in 2008, allowing the family to receive the funds to support the boy's ongoing care.
The length of time taken for settlements like this is outside the control of Canberra Health Services and depends on individual circumstances and court processes.
While adverse events may occur from time to time, Canberra Health Services says it has made significant improvements in the quality of clinical services provided to the community in the last decade.