Central Coast Woman sues surgeon $58,000 for Jaw Injury during Surgery

Published 11 Jul 2017

Surgeons are required to inform patients of surgery and to provide them with due care and skill. This case involved a Central Coats woman who sued her treating maxillofacial surgeon for $58,000 for failure to warn and provide competent clinical practice.

Our client had a history of jaw pain and dysfunction. IN November 2010, she presented to her Dentist who performed an x-ray showing an impacted 23 tooth close to the nerve root of her 22 tooth. He referred her to a maxillofacial surgeon for further treatment.

The maxillofacial surgeon told our client that he wished to extract her impacted tooth. Given the X-Ray, this would be a difficult extraction to perform for any surgeon; however, he did not tell our client of the risks involved.

During the surgery a piece of the upper jaw fractured. Whilst this injury is commonplace, the surgeon failed to properly graft the new bone back to the upper jaw, causing it to dislodge days after the surgery and resulting in further injury to our client’s jaw.

Having been conscious during the entire surgery and experiencing the pain, our client contacted Gerard Malouf and Partners in order to seek compensation for her injury. Our experienced medical negligence solicitor, Mr Leslie Abboud, arranged for her to be reviewed by a specialist maxillofacial surgeon who immediately discovered the original surgeon’s failings and provided a report supporting our client’s claim.

The firm accepted the matter on a no-win, no-fee basis, which meant that the client did not have to pay any upfront costs, including the costs for medical evidence, which the client needed in order to bring the claim. Mr Abboud sought the expert opinion of a surgeon, as well as the opinion of an expert psychologist who advised us of the damages suffered and the breaches in reasonable clinical practice.

With the evidence our client needed, Mr Abboud filed the claim in the District Court of NSW. Mr Abboud, together with his team of lawyers and an expert barrister, negotiated a settlement of $58,000.00 for the client, though this number could have been much higher if not for her pre-existing health issues.

Patients need to be informed of the risks of procedures and to be provided with due care and skill. If you believe that you have not been receiving competent clinical practice, call Gerard Malouf and Partners on 1800 004 878 and ask to speak with one of our experienced medical negligence lawyers. Time limits apply in medical negligence claims, so call today.