$450,000 awarded to North-Western Sydney woman who suffered multiple bowel perforations during laparoscopic surgery

Published 23 Jan 2018

Our client attended upon a hospital as a public patient to undergo laparoscopic surgery in relation to removal or her ovaries and fallopian tubes.  Prior to undergoing the operation, our client advised the treating hospital staff that after undergoing a previous surgery she had been cautioned that she was prone to adhesions which may cause complications in any future surgical procedures. Despite advising her surgeon of her pre-existing susceptibility, the operation turned into an open surgery as during the procedure, the treating surgeon had perforated her bowel in two areas.

Whilst still admitted to hospital and upon further testing three days later, it was revealed that she suffered from a further two perforations, amounting to four in total. Consequently, our client required further surgery to correct the damage that had been caused by the original procedure. As a result of the failed operation, our client suffered from sepsis, a staph infection, movement in her previously placed gastric band, a hernia, muscle separation, and a weight gain of 35 kilograms.

Our client came to Gerard Malouf & Partners who, on a no win no fee basis, took on her claim and investigated the cause of the injuries.  After briefing an expert gastro-intestinal surgeon, it was determined that the treating surgeon had not acted in accordance with professional standards and negligence was established. 

Christine Beshay, Senior Solicitor and Accredited Personal Injury Specialist, had carriage of the matter. Due to Ms Beshay’s many years of experience in complex medical negligence matters such as this, she recognised that our client needed to be assessed by a urogynacologist, general practitioner, rehabilitation specialist, and psychiatrist. Each of these medical practitioners provided opinions as to our client’s ongoing injuries and treatment requirements and the amount of compensation to which she was entitled.

Once we had gathered all relevant evidence in relation to our client’s claim, Ms Beshay arranged for the parties to participate in a mediation in an attempt to resolve the matter before proceeding to hearing, in order to save our client the stress and expense of ongoing litigation. With the assistance of one of our expert medical negligence barrister’s, Ms Beshay was able to resolve the matter without proceeding to hearing. We ultimately secured a settlement figure of $450,000 for our client, who was very thankful and appreciative of our assistance to help her move forward with her life.

If you have suffered an injury in the course of medical treatment and believe the treating practitioner may have been negligent, please contact our expert medical negligence lawyers for free advice or to arrange an obligation free consultation on 1800 004 878.