Our client underwent an ultrasound of the abdomen which identified multiple gallstones. He subsequently attended hospital for a laparoscopic cholecystectomy. Our client became significantly unwell and investigations identified that he was suffering from a bowel perforation and intra-abdominal sepsis.
To assist recovery, our client underwent drainage of sepsis and a percutaneous aspiration of subphrenic collections. Our client required a further laparoscopic washout of severe intra-abdominal sepsis, debridement and division of adhesion.
As a result of the pain and suffering that our client endured, and the extended admission to hospital, our client decided to contact Gerard Malouf & Partners to commence a claim against the hospital.
We received reports from a general surgeon who indicated that, given the low incidence of bowel perforations during a laparoscopic cholecystectomy in the absence of a predisposing factor, he was of the view that a bowel perforation could only be caused by negligent performance of the operation. We obtained further reports from a surgeon who indicated that there was a delay in diagnosing the perforation. As it was left undiagnosed for some time, the treatment was more complicated.
We also obtained reports from a vocational expert and a psychiatrist who opined that our client required significant care and assistance to recover from his injuries and that our client continues to suffer from mental distress and physical pain as a result of the incident despite being treated.
Our skilled and experienced lawyers at Gerard Malouf & Partners recognise that pain and suffering, even for a short period, can nonetheless have a significant impact on an individual. If you have an enquiry in relation to a potential medical negligence claim, please call us on 1800 004 878 and speak to one of our medical negligence lawyers.
Negligence is a failure to exercise the care that another in the same position would prudently exercise. The harm caused by negligence is considered to be due to carelessness, rather than a specific intent or determination to cause harm.
While negligence can include misconduct in a variety of circumstances, malpractice is reserved for professionals who fall grossly short of their obligations — and harm others in the process. As a result, malpractice is often called “professional negligence”. If a licensed professional (such as a doctor, lawyer, or accountant) fails to provide the accepted standard of care and subsequently causes harm to the plaintiff, this form of negligence may be known as malpractice.
Medical malpractice is specifically used in reference to medical workers who have committed acts of negligence.
Demonstrating that a doctor fell short of their duty of care can be a challenging process. While most doctors try their best to correctly diagnose conditions and provide timely medical treatment, they can’t always be right. In every state, protections are in place to shield practitioners from some litigation. These give practitioners peace of mind on the job and protect hospitals that are doing their best with limited resources. However, these laws also set the bar for receiving compensation incredibly high.
Overall, to win a favorable judgment, you must be able to prove Duty, Breach and Damages.
If you have been injured or an existing condition has got worse following a medical procedure, or even just a visit to the doctor, then you may have been the victim of medical negligence and you may be eligible to make medical negligence claims against the professional who caused your injury.
If you can first show that you have suffered harm, and secondly, that a medical professional failed in their duty of care towards you then you may be entitled to compensation.
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In the spirit of reconciliation GMP Law acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea, and community. We pay our respects to their Elders past, present, and emerging, and extend that respect to all Aboriginal and Torres Strait Islander peoples today.
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