Northern NSW woman awarded $3.35 million in compensation following cancer misdiagnosis

Published 31 Aug 2018

This case concerned a 61 year-old woman who attended on the Defendant hospital in late 2015. She was diagnosed with small cell cancer following a biopsy, and chemotherapy was performed as a result. Approximately four months later, she attended on another hospital where it was discovered that she did not have small cell cancer at all. She was then correctly diagnosed with carcinoid lung cancer.

The tragic problem here was that the chemotherapy our client received was totally unnecessary and caused significant brain damage. Our client was a gifted individual and had a successful career, which was brought to a halt as a result of this happening. She was no longer capable of communicating normally and could not perform any usual self-care tasks. She was cared for entirely on a 24-hour basis by her partner following this.

Our client’s family members contacted Gerard Malouf & Partners seeking some help for this awful situation they found themselves in. Recognising the complexity and the magnitude of the case, this matter was taken on by Mr Leslie Abboud, a solicitor specialising in medical negligence with over 30 years of experience in the area.

Leslie and his team worked on this case quickly and professionally, and reached out to several medical experts for their opinions and reports to build our client’s case. The medical experts, along with Leslie , were able to synthesise all the information and isolate the relevant issues in order to best advance our client’s case. An Occupational Therapist was also briefed, who opined that our client would unfortunately need a very high level and frequency of care due to her injuries and disabilities.

Armed with this evidence, this matter progressed to mediation where, with the help of expert barristers, we were able to secure a settlement of $3.35 million to our client. While no sum of money would be able to reverse the terrible tragedy that our client has gone through, it is hoped that this money will be used to pay for everything she needs to live the best life she can, by paying for personal carers and attendants, future treatment and medications, and home modifications. The family of our client were happy with the result and were grateful to Gerard Malouf & Partners for their professionalism and dedication to assisting a wife and mother affected by medical negligence.

Have you or a loved one suffered as a result of medical negligence? Please give us a call today to speak to one of our solicitors and take advantage of our unique “no win, no fee ” policy.