Sydney woman receives $140,000 in compensation after negligent bilateral knee replacements

Published 23 Apr 2018

This matter involved a woman who has suffered ongoing bilateral knee issues for several years. She attended upon a private surgeon who recommended a bilateral total knee replacement. After she underwent the operation, she began to experience difficulties with both of her legs and knees and upon further investigations it was found that she had suffered fractured to her legs during the operation.

As a result of this, our client was required to undergo second total knee replacements. After undergoing the second totals knee replacement in the right knee, she ultimately suffered ligament damage as a result of this surgery. Our client ultimately suffered tremendous injuries and ongoing disabilities as a result of both of these failed knee replacement surgeries. She required further surgeries to both knees which impacted her life in unimaginable ways.

As a result of her subsequent surgeries and recovery periods, our client was required to take more than a year off work, suffering extreme financial loss in addition to her inability to undertake pre-injury domestic duties. She became very distressed at the impact these avoidable injuries were having on her life and decided she would make an enquiry as to whether or not she was entitled to any compensation as a result of medical negligence.

Due to her injuries and the tremendous effects they were having on her life, our client came to Gerard Malouf & Partners who, on a no win no fee basis, took on her claim and investigated the cause of injuries. Julie Baqleh, Senior Solicitor and Accredited Personal Injury Specialist, took carriage of the matter. After briefing an expert orthopaedic surgeon, it was determined that the treating surgeon had not acted in accordance with professional standards and negligence was established.

Following confirmation that this surgeon’s treatment was negligent, we filed proceedings in the District Court of NSW against the orthopaedic surgeon responsible for the negligent treatment provided to our client. We then began to gather evidence in support of our client’s claim, including having her assessed by an expert orthopaedic surgeon and consultant psychiatrist to provide opinions as to the extent of her ongoing medical issues and future treatment requirements.

Once we had gathered all relevant evidence in relation to our client’s claim, Ms Baqleh 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 barristers, We were able to resolve the matter without proceeding to hearing. We ultimately secured a settlement figure of $140,000 for our client, who was thankful and very appreciative of our assistance to help her to move on with her life.

If you have suffered 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 1 800 004 878.