Hunter hospital’s poor management of infection post-surgery results in $325,000 compensation payment
Published 06 May 2016
Our client was a 46 year old man who underwent quadruple bypass surgery at a Newcastle hospital. The surgery went well but around one month afterwards he felt an onset of severe pain in his chest while lifting a heavy car bonnet at home. He attended another hospital in the Hunter region for treatment and was admitted that day.
During the course of his stay in the second hospital it was noted that he had developed a wound on his sternum that was leaking pus. He was discharged after 2 days with pain medication and oral antibiotics.
Over the course of several months he received treatment from doctors who continued to conservatively manage his infection with only oral antibiotics and pain medication. At no point was he advised that his infection may be osteomyelitis, a bone infection that required surgical intervention. It was not until he sought a further opinion from a hospital in Sydney that he was correctly diagnosed and treated.
Due to the mismanagement of the Hunter hospital our client had to live with the pain of his wound infection for over 6 months and had to undergo further surgery and an extended hospital stay. He was left with severe scarring and pain, along with depression and anxiety. His ability to lead a normal life and perform his regular domestic duties was lost.
Perhaps worst of all, the combination of our client’s injuries and disabilities left him unable to work ever again. This was especially difficult for our client who loved his job and was very disappointed that he had to give it up.
At Gerard Malouf and Partners we saw the obvious injustice that our client had suffered and were happy to take on his case on a No Win No Fee basis. We obtained expert reports which detailed the poor treatment and management by the Hunter hospital and subsequent doctors of our client’s infection. Our experts also provided opinions on the damage caused by the negligent treatment and the permanent disabilities he had suffered.
We brought an action against the Hunter hospital and several doctors in the District Court to obtain compensation for our client. We ran the matter all the way to a Hearing in front of a Judge. During the hearing our medical negligence team led by Christine Beshay were able to successfully resolve the matter by negotiating a settlement with the Defendants that our client was happy with. The matter ultimately concluded with the Hunter hospital and one of the doctors paying $325,000.00 in compensation to our client.
Additionally, we were able to assist our client with a Total and Permanent Disablement (TPD) insurance claim, which he was entitled to through his superannuation fund as he is now unable to work. We obtained a successful outcome in this claim as well, resulting in more money for our client.
Many of our clients have multiple claims that they can make a result of the injuries they have suffered. At Gerard Malouf and Partners we review all of our files to ensure that no potential claims are missed. If you want to maximize your compensation you need to contact Gerard Malouf and Partners. Call today to speak to one of our expert litigation lawyers and organise a free consultation.