Southern Tablelands woman receives settlement of around $300,000 following misdiagnosis by public hospital

Published 01 Mar 2017

This matter involved a woman from the Southern Tablelands who suffered an injury to her perineum during child birth. This injury was misdiagnosed resulting in severe and permanent injury.

Our client attended a public hospital for the birth of her child. The birthing process was complicated with injuries being suffered to our client’s perineum. In normal circumstances such an injury, which is expected following a birth, would be diagnosed and a treatment plan would be recommended. In this circumstance however our client was misdiagnosed as having a second degree tear. She in fact suffered from a fourth degree rear requiring surgical intervention. As this intervention was not provided her condition worsened and her initial injury evolved into a significant and serious injury to that region of her body. In conjunction with the physical injury, our client suffered ongoing serious psychiatric harm as a result of these disabilities.

Understandably upset, she contacted Gerard Malouf and Partners where our expert medical negligence specialist, Leslie Abboud took carriage of the file. Mr Abboud is thoroughly experienced in matters involving misdiagnosis and failure to treat and consequently he urgently briefed an expert surgeon to determine whether his suspicions regarding this misdiagnosis were in fact correct. 

Upon receipt of this corroborative evidence Mr Abboud briefed further medical experts to confirm the consequences of such a misdiagnosis. In doing so, not only was it established that the hospital was negligent, but that this negligence led to severe and ongoing disabilities resulting in an entitlement to economic loss and domestic care and assistance.

By progressively pursuing this matter Mr Abboud and his specialist medical negligence team as well as an expert Barrister sought to negotiate with the Defendant. A formal mediation was arranged and this matter was settled for the benefit of our client in an amount close to $300,000.00

Our client was very satisfied with these results and thankful for the efforts of her solicitor and his firm in taking on her matter and settling it so quickly under such difficult circumstances. We trust that this settlement will assist in providing the best necessary treatment possible.

We are highly 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.