Man Receives Large Compensation Payout After Sydney Hospital Error

Published 20 Nov 2018

Many people end up in hospital because they are gravely ill. When gravely ill, the last thing one needs is further injury causing harm to a part of the body that would otherwise have been perfectly healthy.

Gerard Malouf and Partners recently achieved success in a matter where medical mistake led our client to suffering an injury to his arm. He was admitted to hospital in with life threatening illness including seizures that required admission to the intensive care unit. Such a serious condition required his blood pressure to be continuously monitored through the use of an intravenous wire.

The wire remained in place too long, and caused blood clotting, and severe pain and discomfort until removed. To its credit, the hospital admitted that it made a mistake in the circumstances.

However mistake is only one part of a successful negligence claim. The question remained, what was the extent of the damage suffered by our client, and what evidence could be gathered to prove that. The insurer took the view that our client had not suffered significant injury, and was not therefore deserving of significant compensation. The consequences of the wire remaining too long in our client’s arm were not objectively measurable or obvious. There was a functional deficit in the arm, but a cynical insurance company doctor had formed the view that the symptoms were overstated.

We were confident in the reports we had obtained on his behalf from top expert specialists in their field, and we advised our client not to settle his claim, but rather to push on to trial and obtain better and fairer compensation. The advantage our client gained in having experienced and very competent solicitors was that we were able to make a sound judgment about what was best for our client, and feel confident we could follow through on the instructions we were given. After formal negotiations ceased through a mediation process, we were able to continue to negotiate in a forceful and persuasive manner. The insurer knew that we felt secure in the knowledge that if negotiations failed, we were able and prepared to run the case before a judge and present the best possible case on our client’s behalf. That creates increased risk for the insurer, and a settlement was reached.

The six figure settlement sum that was achieved represents a life changing amount for our client. Having been wronged and getting the satisfaction of having that wrong acknowledged was also very important for our client. As a firm that has a large team that practices exclusively in medical negligence, air carrier’s act, and personal injury cases, we appreciate the benefits, in addition to monetary compensation, that a successful claim brings.

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.

Gerard Malouf and Partners Compensation Lawyers are the premier personal injury law firm in New South Wales and the east coast of Australia generally. 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.