Six Figure Compensation Sum Paid to Southern Sydney Man for Misdiagnosis by Hospital

Published 06 Jul 2018

Gerard Malouf and Partners recently had further success representing people who have suffered medical negligence, misdiagnosis and mistake.

When our client attended upon his local southern Sydney hospital having had pain the lower leg for a few days, he wasn’t too concerned. He had received extensive treatment from the hospital in the past, and had always received excellent care and attention.

The hospital performed various tests on our client’s lower leg, and made a diagnosis. One of the consequences of that diagnosis was that medication was given. Unfortunately the diagnosis was not correct, and the medication that was prescirbed had an adverse effect upon the actual condition that was affecting our client.

He developed what is known as compartment syndrome, a condition whereby pressure builds within the muscle tissue to a level where function is restricted, blood flow interrupted and tissue can start to die. Fortunately that condition was identified, and emergency surgery performed. Surgery involved cutting away sufficient tissue to relieve the pressure in what is known as a fasciotomy. Although that surgery was performed appropriately, its consequences were moderately significant scars down the sides of the lower leg, and ongoing ache and difficulty standing or walking.

Our client was a trained barista, though he had long been out of the work force due to other health and personal issues. Nevertheless, the loss of ability to stand and walk as he used to had considerable negative consequences for his quality of life and ability to function.

The hospital argued that in fact the correct medication had been given, and that our client’s compartment syndrome had not been caused by the medication it prescribed, but at most worsened. We needed to prove on our clients’ behalf that it was a negligent mistake that had led to the fasciotomy surgery, rather than that surgery being necessary because our client already had compartment syndrome.

We used our extensive contacts in the medical profession and obtained a report from an expert specialist to prove that not only had the wrong medication been given, but that without that mistake the significant scarring and functional problems experienced by our client would not have occurred. 

Our strategic and technical approach to the matter not only included putting together a strong and compelling argument about why the hospital had been negligent, but extended to getting to know the many ways in which our client had been affected by his injuries and thereby maximising his compensation.

The six figure settlement sums that each achieved cannot repair our client’s leg, nor is it a guarantee that the policy and other changes that occurred at the New South Wales hospital will prevent future mistakes or medical negligence, but there is no doubt that the experience was well worthwhile for our client on many levels.

As a firm that has a large team that practices exclusively in medical negligence and personal injury cases, we appreciated the benefits, in addition to monetary compensation, that a successful claim brings for our clients.

If you, a family member or friend has been the victim of a medical mistake or negligence and a permanent injury or death has resulted, bringing a claim though Gerard Malouf and Partners is likely to bring you answers that you would never otherwise have received, compensation that you deserve, and a sense of closure.

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.