$175,000 settlement at mediation following severe post-operative injuries
Published 21 Aug 2014
Our client, a woman in her early seventies, attended a hospital as an emergency after she had fainted whilst consulting her GP. It was determined that she required surgery to remove a cyst on her gall bladder as well as surgery on her bowel. She underwent a complex laparoscopy soon after. During this surgery there was incidental damage that was caused to the client’s bowel. Essentially, the bowel was perforated during her surgery and this perforation went unnoticed by her surgeons. She was put in a post operation ward to recover from the surgery. Her condition was not appropriately monitored and infection began to set in, this was only noticed when she had become severely unwell.
These injuries that occurred during her operation resulted in the leaking of her bowel causing disastrous results for her health including several infections which resulted in our client having to undergo months of follow up surgeries to correct the damage caused during her initial laparoscopy.
Once she was stable enough to leave hospital she had been operated on 9 times and her injuries had significantly impacted upon her life. She approached Gerard Malouf and Partners where Leslie Abboud, a senior Solicitor with over 30 years of experience, took carriage of the matter. Mr Abboud, and his specialised medical negligence team, obtained medical expert reports and opinions that established a presence of negligence by the hospital that conducted the initial surgery. This was by no means an easy task, due to the nature of the clinical notes presented and the fact that our client was required, as a matter of necessity, to undergo many operations following this surgery. Mr Abboud then briefed an experienced Barrister in this matter and together they conducted further investigations which confirmed that the hospital had in fact been negligent in its treatment of our client.
Mr Abboud entered into negotiations between the parties with an aim to take this matter to mediation to ensure a quick resolution for our client following the months she had spent in hospital. Fortunately, for our client mediation was agreed to where this matter settled for $175,000, she was very pleased with this result and happy to be finally able to attempt to move on with her life. We hope that this settlement will allow her to do so and encourage hospitals to take more care in their post-operative management of patients as a failure to do so may lead to extremely serious consequences.
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