Western Sydney man receives settlement of over $200,000 after undergoing negligent surgery at Private Hospital

Published 20 Apr 2017

This matter involved a man who attended a Private Hospital in Western Sydney for a gastroscopy and endoscopic removal of a large tissue growth in the small intestine. As a result of this procedure, our client suffered damage to the pancreas causing severe acute pancreatitis. This led to the development of a number of considerable short and long-term pancreatic problems including his developing Type I Diabetes. Our client was devastated by the outcome of this procedure which resulted in him having to undergo further surgeries as well as endure ongoing pain and suffering.

Our client approached Gerard Malouf and Partners where Julie Baqleh, an Accredited Personal Injury Specialist, took carriage of the matter. We commenced proceedings in the District Court of NSW and began to gather evidence to determine the consequences our client would face in the future as a result of this malpractice.

Ms Baqleh and her team briefed an expert barrister and urgently obtained the opinion of a highly regarded Endoscopist at no upfront cost to the Plaintiff.  This medical expert provided a report which revealed that the risk of developing pancreatitis was high in these circumstances and consequently it was believed that the procedure was carried out in a manner that was below the level of practice expected by a trained Endoscopist in Australia.  

Ms Baqleh and her specialist medical negligence team, as well as an expert barrister, sought to negotiate with the Defendant at a mediation for the benefit of our client in order to avoid expensive court fees. At the mediation, Ms Baqleh took a firm stance in order to attain maximum justice for our client. After lengthy negotiations, Ms Baqleh achieved a settlement of $210,000 for our client. He was very pleased with this outcome and thanked us for assisting him to achieve an outcome that would help him to move on with his life and provide for future necessary treatment expenses.

If you have suffered an injury after a medical procedure such as our client did, you may have a claim for compensation in negligence against the medical practitioner responsible. Please contact us today to receive advice from one of our specialist medical negligence lawyers at Gerard Malouf and Partners today.