Lawyers say negligence caused two-year-old boy’s death
SHINE Lawyers claims Toowoomba Hospital failed to adequately assess and treat Malaki Bower, who was suffering from severe and obvious symptoms of croup.
Medical negligence partner Clare Eves said despite strict guidelines for the management of severe croup being in place at the hospital, these guidelines were not applied by doctors in the emergency department.
"It is well-known that croup typically worsens overnight.
"Yet despite this fact, the boy and his father were sent home from the hospital just as night was approaching," she said.
"Despite William's serious concerns for his son's health, he felt he was unable to return to the hospital given staff had been so quick to dismiss them earlier and had provided no instructions to return if Malaki's condition changed.
"We allege that had Malaki been admitted to hospital that night, as he should have been, he would likely have survived.
"Independent expert evidence has confirmed that the young boy clearly satisfied the criteria for admission to the hospital in accordance with applicable guidelines.
"If he had received appropriate treatment, he would likely have survived.
"Every parent's worst nightmare came true for this young family.
"Perhaps the most devastating thing for this family who have suffered the inconceivable sadness of losing a child is knowing that his death could have, and ought to have, been prevented.
"Through this action, the family want to ensure that this never happens again."