A Victorian hospital has paid the maximum compensation to the widow of a young doctor who died from epilepsy brought on by an excessive workload.
Dr Peter Nettelbeck, 28, was found dead at an accommodation unit at the Latrobe Regional Hospital, near Traralgon, 160km east of Melbourne, about midday on December 4, 2004.
The doctor, who had suffered a fatal epilepsy attack sometime after finishing his shift at the hospital about 12.30am (AEDT) on the same day, had been staying in the unit because he was on call.
Law firm Maurice Blackburn Cashman acted on behalf of Dr Nettelbeck's widow Katherine and their children Jeremy, five, and Elizabeth, two. Elizabeth was born a month after her father's death.
A spokesman for Maurice Blackburn Cashman said Latrobe Regional Hospital had agreed to pay Dr Nettelbeck's widow the maximum $186,650 in compensation allowable under the Victorian WorkCover Act.
The hospital also had agreed to pay Dr Nettelbeck's two children $10,370 each, with the money eing placed in a trust fund.
The family's lawyers said that Dr Nettelbeck's workload was a significant factor in his death.
The Melbourne County Court has heard evidence that Dr Nettelbeck's roster contributed to his death. In the 12 days prior to his death, he worked shifts finishing at 12.30am and was then on call after that time.
Documents submitted to the court showed that a medical panel had found that the shift work combined with being on call had resulted in sleep deprivation and irritability of the autonomic nervous system - which helps the body cope with stress - aggravating Dr Nettelbeck's epilepsy.
Ms Nettelbeck's lawyer Liberty Sanger said her client was happy with the outcome, but had maintained that her husband's death could have been avoided.
"She feels vindicated because she knew that Peter was complaining about being sleep deprived prior to his death," Ms Sanger said.
"But she also feels angry because she and Peter did so much together to manage his epilepsy, and she feels this was an avoidable tragedy."
Dr Nettelbeck, who had moved to Gippsland with his family at the beginning of 2004, was undertaking a post-graduate practitioner training register course at the time of his death.
In a tribute in the Gippsland Education and Training for General Practice 2005 annual report, Dr Nettelbeck was described as generous and warm, with "a delightful sense of humour".
"Our profession and community have suffered a great loss with his passing," the tribute said.
© 2007
AAP
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