NSW: Widow wins payout in court over husband's suicide

AAP General News (Australia)
04-28-2004
NSW: Widow wins payout in court over husband's suicide

By Kim Arlington

SYDNEY, April 28 AAP - For three hours, Nicholas Da Pos waited for treatment in the
emergency department of Port Macquarie Base Hospital in northern NSW.

The 34-year-old was believed to be suffering a psychotic episode and was anxious, hallucinating
and hearing voices.

He had arrived by ambulance on June 17, 1999, with a note from a doctor recommending
he receive urgent psychiatric attention.

But three hours later, having received no medical treatment, he left the hospital and
committed suicide.

Today his family was awarded almost $700,000 in compensation after successfully suing
the hospital's owners, the Mayne Group, for negligence.

During a three-week trial, the NSW Supreme Court was told the father-of-two, who owned
a concreting business in the north-east Victorian town of Benalla, had no history of psychiatric
illness.

But in the months leading up to his death, he became depressed and withdrawn, leaving
his family and driving to Port Macquarie.

The day he died, Mr Da Pos had visited a doctor at a local medical clinic and was sent
by ambulance to the Port Macquarie Base Hospital.

On arrival, a triage nurse placed him in the second-least urgent category.

He received no treatment at the hospital even though other patients who arrived after
him -- suffering minor complaints -- were seen.

Mrs Da Pos claimed the failure of hospital staff to care adequately for her husband
had contributed to his death, and a jury deliberated for two hours today before finding
in her favour.

The jury awarded Mrs Da Pos and her children, Ashlee, 10, and eight-year-old Joshua,
$650,858 in compensation.

Mrs Da Pos also received $40,363 in personal damages.

Outside the court, Mrs Da Pos said she was happy with the outcome and hoped her family
could now return to normality.

"The money will help us, but no money will ever bring Nick back and that is the sad
part about it," she said.

But she was disappointed the NSW Health Care Complaints Commission had not yet finished
investigating a complaint she lodged in 1999 over her husband's treatment at the hospital.

A Mayne Group spokesman said Port Macquarie Base Hospital had a long track record of
high-quality patient care and the company stood by the hospital and its staff.

"Suicide is a tragedy in any circumstance and ... our thoughts go out to the Da Pos
family," the spokesman said.

AAP ka/sd/cmc/tnf

KEYWORD: DAPOS NIGHTLEAD

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