Polaris secures major medical negligence verdict in the County Court of Victoria
On March 31st 2026, Polaris Lawyers obtained a jury verdict awarding $836,228 in damages (or $929,688 including interest) for a highly vulnerable client after a 16-day medical negligence trial in the County Court of Victoria.
This outcome will provide long-term financial security and support for a young man living with a genetic disability, following the devastating loss of his mother.
The case
Our client’s mother, who was also his primary carer, underwent gastric bypass surgery at St John of God Hospital in Ballarat. The procedure was performed in part by surgeon Mr Douraid Abbas, who was responsible for her post-operative care and review.
Evidence before the Court showed that she was discharged two days after surgery. Within 24 hours of returning home, she became unwell and returned to the hospital in septic shock.
Despite attempts to treat her, she sadly passed away days later.
The outcome
After hearing all the evidence, the jury did not accept that the discharge decision reflected reasonable medical practice.
For our client, the impact of this loss has been profound. He was living with his mother at the time of her passing and relied on her daily for care and support. Their close relationship means her absence continues to have lasting emotional and practical consequences.
The damages awarded will assist in providing ongoing care and support as he continues to navigate this tragic loss.
We sat down with Principal and Director Alice Robinson, lead counsel in this matter, to reflect on this recent County Court win and what outcomes like this mean for the clients we represent at Polaris.
After 16 days in court and many months of preparation, what was it like to hear the jury’s verdict? Take us back to that moment.
Sitting in Court as the jury filed in was nerve-racking. My team and I had worked so hard on this case, and we really wanted a great outcome for our client. It was the greatest relief I have ever felt when I heard the jury’s verdict in favour of the plaintiff.
What do you see as the key pieces of evidence that ultimately led to this successful outcome?
This case was intricate, and many issues were in dispute between the parties.
Key pieces of evidence included a hospital booking form, which nominated a 4-day stay for my client’s mother, which seemed to contradict the idea that there was no plan to keep her in for observation.
Our expert witness, Professor Anubhav Mittal, was also integral to the arguments we made about the discharge being too early. There were some moments where the defendant’s experts were not as appealing, and I think this helped our case.
Finally, we had our client give evidence, and the Court was very accommodating of his disability. He did a wonderful job helping the jury understand what life has been like for him.
What does a result like this say about the importance of accountability in medical negligence cases?
Accountability is always important in medical care, but this case is unique in that the defendant surgeon could not produce a note that documented his review of our client’s mum before she was discharged, and I think this created doubt about whether the care was reasonable.
This client’s life has been significantly impacted in the aftermath of such a terrible tragedy. What will this result mean for them moving forward?
For my client, this result gives him options for the future for his security, education and ongoing care needs. He really loves his family, and this result will give him a resource to pursue his interests whilst staying close to his loved ones. It is the most satisfying result of my career.
Medical negligence is an incredibly complex area of personal injury law. What continues to drive your passion for this work?
Medical negligence cases are complex and need a lot of work, but they are always interesting and involve a real-life impact on real people.
Making this area of the law accessible for families and individuals is a passion of mine – I grew up with a family member who had a profound disability, and I have great empathy for people impacted by disability.
It is very rewarding to represent these people and obtain results for them when they are doing their best.
Get in touch
At Polaris Lawyers, we support injured Victorians and their loved ones through some of the most difficult moments in their lives, helping them move forward with clarity, dignity, and support.
If you or a loved one is suffering from ongoing or permanent injuries caused by the negligence of a medical practitioner, a hospital or any other health-related service provider, get in touch for a no-obligation consultation today.
