Our client was a patient undergoing hernia repair surgery at an NSW public hospital. During the operation, the operating doctor inadvertently caused injury to our client’s large primary vein in his upper leg. The doctor during the operation tried to repair this but instead caused more harm.
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Following the surgery, the client’s health deteriorated, and he had to be rushed to the ICU and had to undergo an emergency surgery. The client had to undergo a bypass surgery. As a result our client had to be put on life-long blood thinners and was also put at the risk of future complications.
Due to the negative impacts, the client’s injury had on his day-to-day life, he decided to reach out to Gerard Malouf & Partners to enquire about a potential medical negligence claim.
Jonathan Tannous, our experienced medical negligence lawyer studied the client’s situation deeply and entered into settlement negotiations with the other party by way of mediation. Our team was received a positive outcome and negotiated a settlement of $215,000.
Negligence is a failure to exercise the care that another in the same position would prudently exercise. The harm caused by negligence is considered to be due to carelessness, rather than a specific intent or determination to cause harm.
While negligence can include misconduct in a variety of circumstances, malpractice is reserved for professionals who fall grossly short of their obligations — and harm others in the process. As a result, malpractice is often called “professional negligence”. If a licensed professional (such as a doctor, lawyer, or accountant) fails to provide the accepted standard of care and subsequently causes harm to the plaintiff, this form of negligence may be known as malpractice.
Medical malpractice is specifically used in reference to medical workers who have committed acts of negligence.
Demonstrating that a doctor fell short of their duty of care can be a challenging process. While most doctors try their best to correctly diagnose conditions and provide timely medical treatment, they can’t always be right. In every state, protections are in place to shield practitioners from some litigation. These give practitioners peace of mind on the job and protect hospitals that are doing their best with limited resources. However, these laws also set the bar for receiving compensation incredibly high.
Overall, to win a favorable judgment, you must be able to prove Duty, Breach and Damages.
If you have been injured or an existing condition has got worse following a medical procedure, or even just a visit to the doctor, then you may have been the victim of medical negligence and you may be eligible to make medical negligence claims against the professional who caused your injury.
If you can first show that you have suffered harm, and secondly, that a medical professional failed in their duty of care towards you then you may be entitled to compensation.
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