NSW man receives Six Figure Settlement for adverse outcome after Hip Surgery

Published 14 Mar 2018

Our client underwent hip replacement surgery over 10 years ago, in the course of which he suffered an injury to a branch of the sciatic nerve called the peroneal nerve (which is important in the functioning of the foot and toes). Following his surgery, our client endured years of serious symptoms, and promises from his treating orthopaedic surgeon that his condition would improve.

Unfortunately our client subsequently also received advice from his treating doctor that he would have to have his other hip replaced as well. In light of the terrible experience and years of symptoms he endured after the first surgery, our client understandably did not want to undergo another such event, and was suffering through life without getting the second hip replacement that he needed.

Our client determined after a very lengthy period, well after the statute of limitations might be said to have expired, to bring a claim for compensation.

Our client’s claim was complicated by the fact that the manner in which he was injured during surgery was unknown. The operation report and other material did not identify any particular incident or event which might have been said to have caused the injuries.

The surgeon’s insurer argued that all hip replacement surgery carries risk, and that a good outcome after any medical procedure is not guaranteed by the doctor. The insurer also argued that where our client could not prove how he sustained injury, he was also unable to prove that the injuries he suffered were not simply one of those risks associated with the surgery having occurred.

We had done extensive analysis of all of the evidence in the case, and had looked beneath the conclusions arrived at the by the insurer’s expert orthopaedic surgeons. We were able to identify that the insurer’s argument was based upon at best a 17 in 1000 chance of a bad outcome after surgery, and that the odds of suffering a risk such as our client had suffered were even less. We combined that hard work getting to the bottom of the evidence with a steadfast commitment to our client’s position, and at the end of the day achieved a very good outcome for our client.

Most importantly, by being able to bring a sense of fairness and justice to the circumstances, our client has now regained the confidence and faith in the system to proceed with the second hip surgery that he needs. As lawyers who practice exclusively in difficult medical negligence and personal injury cases, we never overlook the benefits, over and above monetary compensation, that a successful claim brings. To be part of restoring a person’s confidence in the system, which in turn allows them to restore their health to an extent, is a very rewarding experience.

At Gerard Malouf and Partners Compensation Lawyers we have assisted thousands of injured people in your position. So feel free to contact Gerard Malouf and Partners Compensation Lawyers for a no obligation discussion of your circumstances by calling 1800 004 878 or complete our email enquiry form on the website.