Doctor’s negligence whilst performing surgery results in $200,000 compensation for woman from South-West Sydney

Published 18 Jan 2017

In this matter Gerard Malouf & Partners acted for a 71 year old female who underwent surgery to repair an abdominal hernia at a private hospital.  During the procedure, the doctor inadvertently caused damage which he attempted to repair with sutures. Due to the complications during the surgery, the hernia repair was abandoned. Our client was re-booked to undergo the hernia procedure a few days later, to be performed by the same doctor.

The surgery was performed, however our client had a difficult post-operative period and reported feeling pain and swelling in the area of the surgery. Further investigations revealed a perforated bowel which had become septic. Due to her ongoing complications she also developed a fistula. Our client remained in hospital for approximately one month to recover from these complications. Due to these complications, our client suffered psychological issues and had ongoing issues with her bowel.

Our client contacted Gerard Malouf & Partners to determine her rights in regards to a medical negligence claim. After a thorough investigation which involved obtaining and reviewing her medical records, we then obtained a liability report from an independent medico-legal expert.  This supportive report confirmed that our client had reasonable prospects of success for her medical negligence case.

Our expert identified a number of failures by her treating specialist, and considered that the post-operative care our client received was inadequate. Accordingly, the claim was commenced in the District Court of New South Wales.

To assess damages, assessments were scheduled and reports obtained from a psychiatrist and an occupational therapist. The reports indicated our client would require ongoing care due to her injuries and disabilities from the incident.

Our client was also assessed by experts retained by solicitors for the treating specialist. Their reports disputed our claim for negligence and damages.

Prior to having the matter heard by a judge of the District Court of New South Wales, Mr Roshaan Raina reached out to the opposing lawyers to resolve his client’s case without incurring the additional expense and delay of proceeding to a full hearing. During informal settlement discussions, Mr Raina was able to successfully secure a settlement for $200,000.00 for his client without incurring the additional cost of preparing the matter for a full hearing.

Medical negligence claims are complex and often involve multiple medico-legal experts with differing opinions. Their opinion typically differs on whether the treatment provided was reasonable, and/or whether any negligence actually caused damage in the circumstances.

If you have suffered damage as a result of medical negligence, it is essential that you seek advice from an experienced solicitor such as Mr Raina that specialises in this area of law. Contact Gerard Malouf & Partners on 1800 004 878 or complete our email enquiry form for a free consultation with one of our Medical Negligence solicitors.