Central West NSW Man Successfully receives modest compensation in excess of $230,000 for failed surgery

Published 22 Aug 2017

Our client was a 40 year old invalid suffering from cerebral palsy and osteopenia who was a public patient of a Western NSW District Hospital with a history of emergency admissions for falls.

In the middle of 2014, he fell at home and suffered insufficiency fractures including a comminuted oblique fracture of the neck of his left fibula, a displaced spiral fracture of the distal left tibia shaft and a left posterior malleolus fracture.

Following his fall our client was brought in by ambulance and his left leg was examined. They found no vascular or neurological deficit and the Plaintiff was transferred to the District Hospital.

On his admission to the hospital, radiographic imaging showed that he suffered the aforementioned fractures.

By reason of the nature of the comminuted oblique fibular shaft fracture the Plaintiff was at risk of suffering, and required investigation and care in respect to, peroneal nerve injury by entrapment or compression on closed reduction of the fibular fracture, and/or, on open reduction and internal fixation of the tibial shaft fracture with an intramedullary nail, and/or compressive ischemic pressure, and resulting footdrop and sequelae.

He was transferred to major Western NSW hospital where he underwent a closed reduction of the fibular fracture, ORIF of the tibial shaft fracture with an intramedullary nail, ORIF of the malleolar fracture with a screw and immobilisation with a CAM boot. During the surgery, a nerve in our client’s leg became trapped. Our client had pins and needles and no feeling in his leg other than the fracture points.

The Plaintiff came to Gerard Malouf and Partners angry that he had undergone an negligent 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 orthopaedic 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 he did not have to pay for the reports above upfront.

The matter swiftly settled at mediation in excess of $230,000.

If you are a victim of a poor surgery, 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.