Losing a loved one is devastating. It becomes even harder when their death could have been prevented. Our client Alex* faced this pain when his partner passed away due to hospital negligence. Thankfully, O’Brien Criminal and Civil Solicitors helped him win justice when suing for hospital negligence.
Case Summary: Suing for Hospital Negligence
Alex’s partner, Dave*, died after being wrongly discharged from a hospital despite obvious mental health risks. Alex, who witnessed the trauma and later identified Dave’s body, suffered severe emotional distress. Our civil team took action, claiming damages for nervous shock and loss of companionship. After strong legal work, the case was settled successfully in Alex’s favour.
Detailed Overview
Alex’s partner, Dave, had a long history of mental health issues. For example, he struggled with bipolar disorder and self-harm. On one distressing day, Dave was admitted to hospital after threatening suicide.
However, despite clear warnings, the hospital discharged Dave. Shockingly, they sent him away while he was homeless and still affected by heavy medications. No proper care plan was created. Furthermore, Alex was not even told about the discharge, even though he was listed as the carer.
Hours later, Dave contacted Alex again. Fearing for his partner’s safety, Alex called police for help. Tragically, police found Dave near a cliff. After hours of negotiating, Dave fell to his death. Alex had to identify the body under awful conditions at a police station.
Suing for Hospital Negligence Resulting in Death
The case focused on the hospital’s serious mistakes. The hospital had a duty to protect Dave. It also owed a duty to Alex, knowing that a failure in care could cause him extreme trauma.
The court documents showed that:
- The hospital knew Dave was homeless and vulnerable.
- They failed to create a discharge plan, breaching NSW Health guidelines.
- They discharged him without notifying his carer.
- They gave him multiple sedating medications but released him unsafely.
- Their actions directly led to Dave’s death and Alex’s nervous shock.
As a result, Alex developed serious mental health issues, including anxiety and depression.
Case Outcome
O’Brien Criminal and Civil Solicitors fought hard for Alex. Using expert evidence and strong negotiation, we held the hospital accountable. The case settled with Alex receiving compensation for his emotional suffering and loss of companionship. He can now focus on healing and rebuilding his life.
Need a Civil Laywer for Suing for Hospital Negligence?
If you or someone you know has suffered due to hospital negligence or nervous shock, we can help. Enquire online or call O’Brien Criminal and Civil Solicitors on (02) 9261 4281. We can also set up a free appointment with the civil lawyers in our Sydney office.
*Client’s name and other details have been changed to protect our client’s privacy.
