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How alleged Hospital Negligence failed Nick Roma-Tipungwuti - Transfer of Patient Medical Negligence Claim

Medical negligence

Nick Roma-Tipungwuti died at the young age of 19. He was a much-loved son, brother, uncle, team-mate, and friend. The next phase of his life was about to begin. But Nick’s life was cut short by the alleged hospital negligence at Royal Darwin Hospital. Read on to learn about Nick and how his Mum Ralda is fighting to right wrong in his memory. 

Where it all began

Nick Roma-Tipungwuti was born in Darwin, the youngest of four children and known as the ‘baby of the family’. He grew up on the Tiwi Islands alongside extended family, enjoying the simple things in life like fishing, hunting, and swimming.  

Nick attended Catholic primary schools in Brisbane, and high school at St Patrick’s College in Shorncliffe. As an energetic young teenager, he was also a talented athlete, playing AFL from an early age and finding a passion for volleyball while at St Pat’s. Nick’s passion for both AFL and volleyball grew as he represented St Pat’s in both sports for the Sandgate Hawks. 

As the apple of Ralda’s eye, Nick was also a much-loved brother, uncle, nephew, teammate and friend. His life was full, and he had much to look forward to. In early 2022 Nick returned home to Palmerston to spend time with his Mum Ralda, before moving to Cairns to start his career with the Royal Australian Navy. But life took a terrible detour while they were driving to the local shops. 

The day Nick’s life was cut short

On a Tuesday afternoon, Ralda was driving to the local shops. Nick was in the back seat. As they approached the shops in Palmerston, Nick kicked the back of Ralda’s seat. At first, she thought he was just trying to get her attention. But when she looked in the rear vision mirror, she immediately saw that Nick was in distress and could only make desperate eye contact with her. 

Ralda pulled over. With her daughter she managed to hold Nick while they called the ambulance. As paramedics were maneuvering Nick into the ambulance, Ralda watched on as they dropped her son in the car park. In shock, Ralda jumped into action and helped get Nick onto a stretcher and into the ambulance.  

Palmerston Regional Hospital 

Nick was initially taken to Palmerston Regional Hospital, only about five minutes away. Ralda, her daughter, and grandchild waited outside. A doctor said Nick had had an allergic reaction – but this made no sense. Nick was hastily changed into a surgery gown, ready to transfer to Royal Darwin Hospital.  

Royal Darwin Hospital 

Ralda followed the ambulance in her car, as Nick was transferred to Royal Darwin Hospital. Once they’d arrived, Nick maintained eye contact with Ralda. She felt helpless. She couldn’t tell him what was happening, and she couldn’t help him. That was up to the Royal Darwin Hospital.  

Nick underwent medical tests, which confirmed he had had an ischemic stroke. He was then moved to ICU, where he waited to find out that the Royal Darwin Hospital didn’t have the capacity to perform the surgery Nick urgently needed.  

Ralda was told a doctor and two nurses were ready to escort Nick by air patient transfer to Adelaide, and that there was a strict time limit within which surgery could be performed by a neurosurgeon. The next step was to find a plane for a patient transfer from Darwin to Adelaide, where a neurosurgical team was ready and waiting to operate on Nick. 

An air patient transfer service needs a plane – urgently

Royal Darwin Hospital is a public hospital for which the Northern Territory government has ultimate responsibility.  

It had access to a Gulfstream G150 jet, a critical aeromedical asset required for patient transfer. But while Nick was lying in the ICU with the clock ticking, the plane was out of action, for a planned 16-day maintenance. 

Despite this planned maintenance, the hospital deemed the risk acceptable and failed to put a contingency plan in place for air patient transfer. 

The hospital failed to find a replacement plane within the critical timeframe necessary for Nick to undergo surgery in Adelaide. 

It’s not the end of Nick Roma-Tipungwuti's story

Nick needed the urgent transfer of a patient from one hospital to another. But no plane was available, and as a result, Nick tragically died. 

In the same place he was born 19 years earlier, Nick Roma-Tipungwuti died in the Royal Darwin Hospital, surrounded by his family.  

Although this has had a horrific ending Nick’s family, Ralda’s bravery to fight for justice is truly admirable. 

The hospital's negligence and the medical negligence claim

What medical negligence means 

Medical negligence is when medical treatment falls below a reasonable standard, resulting in harm, injury, or death. 

What reasonable medical care for Nick would have meant 

As Nick had had an ischemic stroke, urgent surgery by a neurosurgeon was required, and it had to be performed in Adelaide. Reasonable medical care for Nick would have meant he’d be transferred by Royal Darwin Hospital’s Gulfstream G150 jet or its planned-for replacement.  

It’s a reasonable expectation that a suitable air patient transfer service should have been available when Nick needed it. 

Shine Lawyers notified the NT government about Ralda’s medical negligence claim 

Shine Lawyers is representing Ralda in her medical negligence claim against the Northern Territory government, as operator of the Royal Darwin Hospital. On Ralda’s behalf, our medical negligence team notified the NT government about her claim in January 2024.  

Despite Shine Lawyers’ best efforts to obtain justice for Ralda and her family, we’ve encountered significant delays. In the words of Shine Lawyers’ Darwin Practice Leader and Senior Associate Cassie Green: 

“We allege that the catastrophic oversight and lack of planning [by the NT government as operator of Royal Darwin Hospital] led to the tragic and preventable death of a promising young man and caused unimaginable pain for his family, friends, and loved ones.”

The impact on Nick's family’s wellbeing 

The impact on Nick’s family has been deeply profound.  

“We always leave an empty chair for him [at the dinner table] every Christmas”, Ralda said. 

The grief they endure at losing Nick in such tragic and allegedly avoidable circumstances is overwhelming. An ongoing lengthy legal process like theirs only adds to their stress as they fight for justice and accountability. 

As Cassie says, “no amount of money can bring Nick back.” But damages can go some way to “acknowledge the gravity” of the NT government's alleged breach of duty and extensive suffering endured by Nick’s family.  

Contact Shine Lawyers 

If you or your loved one has suffered hospital negligence or medical negligence, get in touch with Shine, just as Ralda did for Nick. Our Medical Law team are ready to help you right wrong and fight for the acknowledgement and financial damages you deserve. 

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