Dear Readers,
This is a story of a young man forever aged 29 years and had he had any breath or any bodily function left he would be, healthy or otherwise, now be 35 years old. His name is Ivan and he hails from Serbia. Here is his tragic story:
Ivan arrived in Australia aged 22 years with his parents and elder brother and younger sister. The family had relatives in the Wollongong Area some 70 kilometers South of Sydney and naturally enough the family rented house and settled close by. Within matter of two weeks Ivan commenced working in a nearby factory that manufactures refractory material. Within two years Ivan married young Serbian lady whom he met in the Serbian church at Wollongong
Within a year Ivan and his wife were blessed with a young boy. To make ends meet Ivan often worked on weekends. Whilst his wife was pregnant with their second child Ivan started to feel lethargic. He went to the local General Practitioner who examined him in the manner GPs are trained and could not find anything abnormal. The GP gave Ivan medical certificate that allowed Ivan two days off work to rest. The certificate simply said: ‘Ivan is unwell recommend 2 days off work to recuperate’. After two days off work Ivan returned and managed to work for one week when the lethargy returned. Despite the lethargy for few days Ivan persevered and went to work but on his wife’s urging he went again to the same local GP. Again the GP could not find anything wrong with Ivan telling him he looked very much as a healthy young man and presumably out of courtesy he reluctantly gave him another medical certificate for two days off work. After two days Ivan again returned to work but this time he could only manage to work four days before the lethargy returned. Ivan went to another GP who examined him and like Ivan’s previous GP could not find anything wrong but did order standard blood tests – full blood count, electrolytes, urea, creatnine and liver enzymes. The GP did give Ivan certificate to be off work for a week and asked him to return to see him. Even resting at home Ivan still felt tired and somewhat abnormal. He returned to the GP who told him that all blood test results were normal. As far as the GP was concerned Ivan was faking his lethargy and told him in no uncertain language that in Australia such individuals are known as BLUDGERS. Somewhat distressed by that label Ivan asked the GP to explain what the meaning of the word bludger. The GP volunteered: ‘a scrounger, idler, dole bludger’ said the GP. ‘But since arriving in Australia
Ivan and now his concerned wife were told about another GP in another nearby suburb of Albion Park. This third GP gave Ivan medical certificate for two days off work and on a second visit a week later the GP called the two GPs that Ivan had seen earlier. Like his two peers he sent Ivan home without medical certificate without even cursory check up and told him that he was a bludger and wanted to go on the dole instead of working.
A week after he was sent packing by the now third GP Ivan felt very tired and collapsed. His distressed wife called ambulance. Ivan was conveyed to Post mortem report was sent to the now Late Ivan last GP. This GP called Ivan other two GPs and told them about Ivan demise and the post mortem report. ‘You think we’ll be sued?’ asked the first GP. ‘I nearly gave him referral to a specialist but on balance I thought he was a bludger’ said the second GP. ‘We bury our mistakes don’t we?’ said the third GP.
Do you think Ivan’s widow has any recourse of getting justice by way of compensation or admission by any of the three GPs or their professional indemnity insurer? If you do you are certainly not living in modern day Australia or if you are you are certainly unfamiliar with the latest case law in relation to professional negligence claims.
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