Family sues NT government over father’s death following ‘unnecessary’ surgery at RDH

THE daughter of a man who died after undergoing ‘unnecessary’ surgery at Royal Darwin Hospital is suing the NT government on behalf of his wife, nine children and 16 grandchildren.

Ali Djawas, 71, died after undergoing ‘unnecessary’ surgery at Royal Darwin Hospital in 2017.

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THE daughter of a man who died after undergoing “unnecessary” surgery at Royal Darwin Hospital is suing the NT government on behalf of his wife, nine children and 16 grandchildren.

Ali Djawas, 71, died in April 2017, 19 days after surgeons performed a laparoscopic right hemicolectomy to remove a potentially cancerous growth after a positive bowel screen.

In handing down his findings into Mr Djawas’s death last year, Coroner Greg Cavanagh found doctors gave him and his wife, Anissa, three treatment options, but recommended the surgery.

“Mr and Mrs Djawas were not told the specific procedure being recommended was a significant procedure that carried a risk of death more significant than the other options presented,” he said.

“They were left to try and balance the risks between procedures carrying a lesser risk and major surgery without sufficient information.

“There were a number of compli­cations listed on the consent form, but none of them fatal.”

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Mr Cavanagh found doctors provided “very little or no information” to the Djawas family on his discharge from hospital, and the lack of proper communication “may well have led directly to this death”.

“They were not told the extent of the operation, they were not told half his colon had been removed,” he said.

“They were not told the join might leak, they were not told what to look for, and they were not told the seriousness of the situation if he developed symptoms suggestive of a leak.”

In a statement of claim filed with the Supreme Court, ­Mr Djawas’s daughter Gaya Campman alleges his treating doctors breached their duty of care by verbally recommending surgery that was ­“unreasonable, unnecessary or not sufficiently warranted”.

The statement of claim says the settlement sought will be particularised prior to trial, while noting one of Mr Djawas’s children had an intellectual disability, two of his grandchildren had autism and all three required extra care that the family patriarch provided prior to his death.

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In its defence, also filed with the court, the NT government denies any wrongdoing, but says if any damages were warranted “which is expressly denied”, they would be reduced as Mr Djawas “failed to take reasonable care in respect of his own health”.

“The deceased was advised to see a general practitioner or attend the emergency department if he experienced increasing abdominal pain or redness, ongoing fevers or are (sic) otherwise unwell or concerned,” it reads.

“(His) failure to seek prompt medical assistance when his health deteriorated caused or contributed to the deceased’s death.”

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