Rural NSW man receives substantial compensation after negligent treatment at hospital following motorbike accident

Published 05 Apr 2018

This matter involved a man who was involved in a motor vehicle accident where he sustained an ankle injury and presented to a local hospital with ankle pain and difficulty walking.  Our client instructed that he was seen by an ER Registrar who did not refer him for any x-rays and diagnosed him with a sprained ankle. He was given crutches and discharged from the Emergency Department with no further referral. Upon the advice from hospital, our client did not attend any immediate follow up appointments.

After approximately 4 months of experiencing increasing and ongoing pain, limited movement, and inability to weight bear on his ankle, our client decided to attend upon his GP for a second opinion. He was referred for an x-ray and CT scan where it was determined that he had a chip on his talus bone. He was then referred to an orthopaedic surgeon who advised him that a lot of the damage to his ankle could have been avoided had he been treated properly and diagnosed at the time of his original injury after the motorbike accident. As a result, our client had to undergo invasive reconstructive surgery to his ankle and continues to suffer from the ongoing implications of this on a daily basis. As a result of his physical injuries, our client also began to suffer from psychological injury.

Our client approached Gerard Malouf and Partners to enquire about whether or not he was entitled to compensation for the treatment she received at the hospital. Julie Baqleh, Accredited Personal Injury Specialist, was of the view that this claim had merit and began to gather evidence in support of our client’s claim.

Ms Baqleh then proceeded to brief an expert emergency physician to provide an opinion on whether or not the hospital staff were negligent in their treatment of our client, particularly with regard to failure to refer him for any x-rays or scans. Ultimately, the evidence was conclusive that the hospital’s treatment was not in accordance with peer professional standards and therefore negligence was established.

Following receipt of this report, proceedings were filed in the District Court and we subsequently had our client medically assessed by an expert orthopaedic surgeon and consultant psychiatrist in order to determine the extent of his injuries and entitlement to damages.

Mindful of the expensive and lengthy nature of running a matter to hearing, Ms Baqleh arranged a settlement conference with the Defendant with the hopes of reaching a settlement that was acceptable to our client. After lengthy negotiations, Ms Baqleh was able to settle this case for a significant amount of compensation for our client. Our client was very pleased with this result.

Our expert medical negligence lawyers have the knowledge and skills to reach the best outcome for anyone who has suffered as a result of sub-standard or negligent treatment from any type of medical practitioner. If you think that you may be entitled to compensation based on injuries you have suffered as a result of negligent medical treatment, please call us today on 1800 004 878  for advice or to take advantage of a free consultation with one of our accredited personal injury specialists.