Gerard Malouf & Partners Obtain Swift Justice for Medical Negligence Client in Urgent Circumstances

Published 17 Dec 2018

When our client contacted us, he was already dying. Metastatic cancer was first diagnosed several years prior, and had spread to his liver and beyond when we were asked to become involved in the case.

The allegation against a Newcastle hospital was that it had mistreated already metastatic cancer by negligently providing radiotherapy. The difficulty we faced was that metastatic cancer is typically a deadly condition, and any mistreatment may only shorten ones’ life expectancy by a very brief period, if at all.

We understood those risks, and realised we may well have been investing time and energy in a case that would yield little result, but our client deserved every avenue to be explored before his passing. His daughter was also concerned to know the nature of the mistake that had been made such as to cause her father’s death, and how much time her father had lost.

We qualified one of Australia’s best oncologists to provide a report. Our perseverance paid off, when only 4 weeks before we received our expert report, new data was published by an internationally renowned expert in relation to the very cancer that our client was suffering. That journal publication confirmed that new developments in treatment had led to metastatic cancer that was previously a death sentence become curable. Our client then had a valuable case that his negligent treatment took decades off his life. The next difficulty he faced was that he had only months to live.

We promptly filed court proceedings, and expedited the matter by special motion. Whereas a mediation trial typically occurs around 10 -12 months after filing court proceedings, our client’s proceedings were part heard within 4 weeks from filing in order to protect his rights. Within a further 4 weeks a mediation had occurred.

Working very quickly to bring a case to successful conclusion increases risk and difficulty. Decisions must be made quickly, those decision must be the correct ones, and the information and results from those decisions must be intimately understood just as quickly in order to advocate and persuade on a client’s behalf.

In the circumstances, we brought the full force of not only the individual lawyers many years of  personal litigation and medical negligence experience, but the full force of the firms resources and teamwork, to bear upon the claim.

The six figure settlement sum that was achieved provided comfort to our client that his daughter would receive some benefit from the tragic circumstances. That was the most important consideration for our client, who died shortly after settlement.

As a firm that has a large team that practices exclusively in medical negligence, air carrier’s act, and personal injury cases, we understand how to maximise compensation, and have the skill and experience to achieve that.

If you, a family member or friend has been the victim of a medical mistake or negligence, or injury on an airline, and a permanent injury, disability 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.