$75,000 compensation settlement for client who awoke during surgery at Wyong Hospital

Published 13 Mar 2018

Our client claimed damages arising out of psychological injury which he sustained whilst he was receiving surgery at Wyong Hospital.

Our client was advised by doctors he required surgery to his neck region. Naturally our client trusted the doctors and went in to have his procedure done at Wyong Hospital. From all accounts this procedure should have been routine and involve small incisions.

While under general anaesthesia, our client was shocked to awake while his surgery was still ongoing. This very distressing event lead to our client seeking the help of Gerard Malouf and Partners to assist in fighting for his fair compensation.   

As a result of our client having this experience at Wyong Hospital, our client suffered post-traumatic distress disorder and anxiety.

Our client made a claim for the pain and suffering caused by experiencing this trauma and was successful in his claim receiving a settlement of $75,000.

To achieve this result, we had our client assessed by various appropriate experts who detailed the level of impairment and ongoing disabilities that affected our client. The reports prepared by our experts allowed us to quantify the damage suffered by our client and helped to clarify the monetary compensation that our client might be awarded by a Court.

We commenced proceedings in the District Court of NSW against the doctor whose negligent actions led to the client waking up. We alleged that this doctor owed a duty to its patients to ensure they provide adequate and appropriate care. By failing to correctly monitor the patient, the doctor breached his duty of care to our client, and this resulted in our client’s physiological injuries.

The Defendant obtained their own expert evidence and agreed to engage in settlement negotiations.

Through these negotiations we were able to resolve this matter and compensate our client who was forced to experience this ordeal through his doctor’s negligence.

At Gerard Malouf and Partners we are experts in medical negligence claims. If you have suffered from a negligent act performed by a medical practitioner please contact us today for a free consultation with one of our expert lawyers. We will be happy to discuss how can assist you on a No Win No Fee basis to obtain the compensation that you are entitled to.