MT Druit lady receives settlement in excess of $150,000 following negligence during spleen surgery

Published 23 Jan 2017

The Plaintiff, a 62 year old lady in the Mt Druitt region, suffered injury to her spleen during a colonoscopy procedure carried out by the Defendant Surgeon in late 2014.

Subsequent expert evidence showed that the mechanism for the injury was that the colonoscope forced the splenic flexor away from the spleen by placing excessive traction on the spleno-colic ligament or other secondary attachments to the splenic capsule.

Additionally, the excessive pressure on the spleen or excessive pressure applied by the assistant to the anterior abdominal wall could have caused injury to the spleen. On the balance of probabilities, the mechanism of splenic injury would be related to forceful retraction of the splenic flexion away from the spleen.

Basically, the claim was that the Defendant used excessive force during the procedure.

As a result of the injury a large sub-capsular hematoma developed and eventually ruptured into the peritoneal cavity. The Plaintiff required emergency surgery including laparotomy and removal of her spleen.

Injury to the spleen is very rare and cannot be caused without excessive pressure on the spleen either by the colonoscope within the bowel or traction along the spleno-colic ligament, causing a tear in the spleen.

Mr Abboud and his team urgently obtained the opinion at no upfront cost to the Plaintiff of a high regarded expert Gastro-intestinal Surgeon where it was shown that the Defendant Surgeon used too much force in the procedure and this caused the injury. After this evidence, Mr Abboud provided it to the Defendant solicitors and urgently arranged for mediation to take place.

By progressively pursuing this matter and understanding the urgency of which to act on quality medical evidence, Mr Abboud and his specialist medical negligence team, as well as an expert barrister, sought to negotiate with the Defendant at a mediation and settled this matter for the benefit of our client to avoid expensive court fees.

Ultimately this matter went to mediation) and settled for $160,000.00. We hope this will assist her with moving on with her life, and we trust that this settlement will assist her increasing her quality of life.

We are specialised and focused lawyers with our firm being small enough to care for our clients but large enough to have solid financial medical and expert resources. For over the phone free advice or to take advantage of our Face to Face consultation, call our expert medical negligence team today on our free call number 1800 004 878.