Patient wins $1m negligence case against WA public hospitals

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The State Government has been ordered to pay a Perth man nearly $1 million in medical negligence costs after a public hospital misdiagnosed his appendicitis, leading to a series of complications.

Darren Westcott attended Fremantle Hospital in July 2009 complaining of severe lower abdominal pain and difficulty breathing.

A Perth District court judge ruled in favour of a man who suffered several medical complications as a result of a ...
A Perth District court judge ruled in favour of a man who suffered several medical complications as a result of a misdiagnosis. Photo: Gabriele Charotte

It took doctors four days to realise Mr Westcott had appendicitis after originally misdiagnosing him with diverticulitis, an inflammation of the colon.

During an operation to remove the 47-year-old’s appendix, Mr Westcott suffered respiratory complications which required him to be rushed to Sir Charles Gardiner Hospital’s intensive care unit to have his lung drained.

A year later, after ongoing out-patient treatment, Mr Westcott required surgery to repair hernias contracted from an earlier key hole surgery performed during his diagnosis.

A month on, in October 2010, he developed a serious infection from surgical wounds which left him hospitalised for four months.

He suffered depression and post traumatic stress from being awake while in ICU and has not worked since January 2014.

Perth District Court documents revealed the defendant, the Minister for Health, denied the hospital or its employees breached their duties of care during Mr Westcott’s treatment.

Judge Philip Pierre McCann found medical staff failed to accurately report the findings of Mr Westcott’s original CT scan which lead to his diagnosis being delayed.

Prior to his illness, the court heard Mr Westcott had a busy and fulfilling personal life and owned a computer business.

After the medical mishaps, he became withdrawn, negative and depressed and his relationship with his wife suffered.

Judge McCann ordered the State to pay Mr Westcott $933,544.87 in damages for lost future and past earnings, equipment and home modifications and costs incurred as a result of Mr Westcott’s lengthy medical treatment.