Adelaide grandmother’s $2.4 million hospital compo win

Edita Siroky lodged a declare of medical negligence within the Supreme Courtroom after the hospital did not diagnose a bacterial spinal an infection in 2018, leading to her changing into a quadriplegic.

The hospital initially denied any wrongdoing, however final 12 months admitted negligence and legal responsibility.

Regardless of that concession, the hospital has spent the previous 12 months in a bitter authorized battle with the Czech-born grandmother over the price of her care and the way a lot compensation she ought to be paid, leaving the matter destined for trial.

Now, greater than 4 years after the hospital’s negligence prompted her accidents, a settlement has been reached, with the State Authorities – on behalf of Flinders Medical Centre – agreeing to pay Siroky $2.4 million in damages.

Siroky’s solicitor, DBH Attorneys companion Peter Jackson, instructed InDaily: “It was an unlucky incident that by no means ought to have occurred on the Flinders Medical Centre.”

“After a prolonged litigation the household are grateful that the matter has lastly resolved for an sum of money that they hope will help their mom for the remainder of her life,” he stated.

In her assertion of declare, Siroky, who receives full-time care from her son, stated the medical negligence occurred over 13 days in February 2018.

She was taken by ambulance to Noarlunga Hospital on February 14 with a three-day historical past of sore throat, problem and ache swallowing, sore neck, a dry cough, fever and vomiting.

She was given fluids and antibiotics and hospital employees carried out a number of assessments together with blood assessments and X-rays.

Siroky’s declare stated she was transferred to Flinders Medical Centre the place she was recognized with tonsillitis and discharged on February 16 with an antibiotics prescription and a advice to comply with up along with her GP.

Two days later she was again within the FMC emergency division with worse head, neck and chest ache.

She spent a number of days in hospital, the place extra assessments had been finished and he or she was given a steroid remedy earlier than being discharged once more.

On February 27, Siroky collapsed whereas within the automotive park of her chiropractor and was rushed by ambulance again to FMC.

She was admitted to the intensive care unit the place assessments confirmed an an infection and injury to her backbone.

In her declare, Siroky argued that by administering a excessive dose of a steroid remedy, the hospital prompted a “fast development” of her undiagnosed spinal situation and left her a quadriplegic.

“On account of the negligence of the hospital in failing to diagnose and deal with Mrs Siroky’s infective course of, she suffered discitis of the cervical backbone and the an infection unfold with formation of an abscess… which left untreated grew, inflicting twine compression and sub-total quadriplegia,” her declare said.

Siroky sought damages for bodily and psychiatric accidents.

In its preliminary defence filed with the court docket, Flinders Medical Centre denied negligence.

In an up to date defence, the hospital conceded it was at fault, saying it “admits that on account of its negligence the plaintiff was rendered a sub-total quadriplegic”.

The hospital additionally admitted that Siroky “has required and would require medical remedy for her spinal epidural abscess, twine infarction and sub-total paraplegia”.

Nevertheless it denied that she had required or would require remedy for any psychiatric damage.

“The respondent admits that the applicant’s capability to operate bodily and delight of life have been impaired by the bodily accidents however denies that the applicant suffered psychological accidents,” the defence said.

The hospital additionally argued that if Siroky has suffered any financial or non-economic loss, it was associated “wholly or at the very least partially” to pre-existing situations together with hypertension, a coronary heart situation, weight problems, glaucoma, despair and a fracture of her proper leg.

The matter was scheduled for a 10-day trial this month earlier than the settlement was reached.

InDaily requested SA Well being how a lot the State Authorities had spent on authorized charges preventing the case and for touch upon the result.

A spokesperson stated in a press release: “The State Authorities has reached an settlement with Ms Siroky in relation to this matter.”