Failure to diagnose a fracture leads to significant compensation payout for Albury Hospital patient

Published 03 Jul 2015

A heavy fall from a ladder whilst gardening led to a retired Albury man attending a local hospital emergency department for treatment. X-rays of his wrist and arm were taken and they showed that the elbow and the wrist were broken. 

Our client was referred to Albury Hospital for further assessment and treatment of his injury. Four (4) days later, he had an operation on the elbow to treat the fracture, but the wrist fracture was left untreated. 

Our client continued to suffer with pain and discomfort and swelling in his arm, and in particular, his wrist but no further treatment was provided to him. Eventually he sought another opinion from a specialist orthopaedic surgeon but this was more than two (2) years after the original accident. This specialist operated on our client’s wrist in October 2013. 

The delayed fractured diagnosis lead our client to suffer with pain and discomfort and swelling and restriction of movement in his wrist. He was not able to use his arm properly which caused enormous frustration for him as he was a handyman who enjoyed doing his own home and garden maintenance. 

Our client contacted Gerard Malouf & Partners Compensation Lawyers for advice as to whether or not he could make a compensation claim.

Leslie Abboud, Senior Medical Negligence Lawyer provided advice to our client that a claim would be pursued on his behalf on a “No Win, No Fee’ basis. 

GMP Lawyers were able to assess and advise on a complex medical negligence case because of the depth and breadth of the experience of the compensation lawyers and their ability to identify the important factors to make a successful medical negligence claim. 

Because the complaint by our client was about the delayed wrist fracture diagnosis an expert opinion was obtained from a very experienced orthopaedic surgeon who prepared a medico legal report critical of the delayed fractured diagnosis at Albury Hospital. Once the medico legal report had been obtained an experienced barrister familiar with medical negligence compensation claims was briefed to prepare court documents to pursue a negligence claim against the Hospital. 

Our client received compensation in the sum of $120,000.00 for his injuries.

The compensation was for pain and suffering related to the delayed wrist fracture diagnosis, for future medical expenses, treatment, and pain killers as well as to help pay for domestic assistance around the house, in particular, cleaning and gardening maintenance which our client could no longer do for himself.

If you or someone you know has had a similar injury or experienced similar treatment at a hospital, please call on 1800 004 878 or complete our email enquiry form and we will advise you promptly as to your prospects of success.