Port Macquarie Woman receives modest compensation for surgeon failing to remove lump

Published 10 Jul 2017

Surgery is invasive for a patient. It is therefore necessary that a surgeon follows the procedure that the patient consented to, in order to address the patient’s condition and prevent the need for further unnecessary surgery. This case involves a Port Macquarie woman against her treating surgeon for failing to remove a lump in her right hip.

Our client developed a lipoma, a lump of fatty tissue, over her right hip. Whilst ordinarily lipomas are benign, the lump had grown quite large causing her pain and restricting her movement. It was necessary for the lump to be removed.

In March 2015 the Plaintiff consulted her GP who referred her to a general surgeon in Port Macquarie for excision of the lipoma.

In April 2015 the patient underwent removal of the lipoma from her right hip at a private hospital. However, when she woke up she found that the lipoma was still present, and that the surgeon had removed another lesion that had not caused her any difficulty. IT had turned out that the surgeon had failed to mark the correct lump prior to surgery.

The Plaintiff came to Gerard Malouf and Partners angry that she underwent surgery that she did not consent to and would have to undergo further necessary surgery. Our experienced medical negligence solicitor, Mr Leslie Abboud, immediately recognised the surgeon’s failure to ensure competent clinical practice, and sought the expert opinion of an expert surgeon to detail the fault. He also sought an expert psychologist to advise us of the mental pain and suffering our client underwent. Upon receiving supportive evidence, he quickly filed the matter in the District Court.

Our client was also happy that we believed there was merit in the claim and we were prepared to investigate the matter in accordance with our No Win – No Fee policy, which meant that she did not have to pay for the reports above upfront.

Although our client had a strong case, she wished to avoid the stress and risk of a trial. Mr Abboud followed her instructions and settled her matter at mediation for the client’s unnecessary and invasive surgery and the emotional injury that came with it.

A competent surgeon will ensure that the correct operation is performed in consideration of the consent given by the patient. If you have received surgery for which you did not consent, call Gerard Malouf and Partners today on 1800 004 878 and ask to speak to one of our experienced medical negligence lawyers. Time limits apply in medical negligence claims, so call today.