Peter’s story: Securing $475,000 for hospital negligence as an older patient

Our client underwent unnecessary surgery due to a hospital error. Learn how we secured $475k in compensation after another firm rejected this negligence case.

Recep Ayas

Senior Associate

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The case

Peter’s story

In December 2019, Peter’s life took a dramatic turn following what should have been routine medical care. After a fall at home, he visited a NSW Hospital Emergency Department (ED) with pain in his left hip. An X-ray was taken, and the doctor diagnosed a soft tissue injury, discharging him the same day.

Less than a week later, a second X-ray at a radiology clinic uncovered the truth: Peter had suffered a left subcapital fracture extending to the neck of the femur. There was a failure to properly report on the X-ray and diagnose this at the Hospital. This prevented Peter from undergoing a simple operative fixation of the left hip fracture.

When Peter returned to the hospital, he required a complex left total hip replacement due to the delay, as the hip fracture had displaced. To make matters worse, during the surgery, Peter suffered an iatrogenic sciatic nerve injury. As a result, he developed foot drop, an issue that continues to affect his mobility to this day.

Peter recalls, “The error/misinterpretation of the X-ray by the ED at the Hospital caused more serious injury to the affected area, which has a lifelong adverse effect on my previous unimpeded mobility.”

The initial struggle

The impact on his quality of life was both significant and permanent.

“Every step I take during daily activities, such as walking and travel, makes me realise the adverse impact, which requires continuous physical adaptation (including the use of ankle-foot orthoses and a walking stick) and mental tolerance.”

Initially, Peter sought legal representation elsewhere but was disappointed by the slow progress of his claim. Nevertheless, he remained determined to pursue justice.

Peter then turned to GMP Law for support.

The turning point

In August 2023, nearly four years after the incident, Peter’s case was taken on by our firm.

GMP Law Senior Associate, Recep Ayas, explains the situation he encountered.

“Peter had previously retained other solicitors who held his file for over a year. As the alleged negligence occurred in 2019, we urgently requested Peter’s file from the former solicitors, assessed the relevant issues, and determined whether the claim was statute-barred under the Limitation Act. Prompt action was necessary to preserve Peter’s rights and work towards achieving a favourable outcome.”

Despite the time that had passed and concerns about the statute of limitations, our team recognised the merit in his claim that others had missed.

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Complexities and challenges

This case presented significant challenges:

A previous law firm had held the file for over a year.
The incident occurred in 2019, creating potential limitations issues.
We needed to establish liability for the sciatic nerve injury.

Our strategy

GMP Law’s approach focused on obtaining crucial evidence that had been overlooked.

As Recep describes: “Clinical records of the hospital were obtained under the Government Information Public Access (GIPA) Act, which meant that amongst the clinical records were internal correspondence from the Hospital that conducted an internal investigation into Peter’s treatment. We would not have known the internal investigation but for records being obtained under the GIPA Act.”

“The GIPA documents revealed that the hospital spoke to an independent radiologist who opined that the original radiology was misreported and that Peter could have avoided the complex and more risky hip replacement.”

The discovery of the internal investigation and hospital correspondence was a turning point in the case.

After reviewing the previous solicitor’s file, Recep realised that important details had been missed. The solicitor had overlooked the findings of the hospital’s internal investigation and hadn’t advised Peter about them. Because of this, Peter didn’t have the knowledge needed to trigger the legal time limits; he hadn’t been told what really went wrong or who was at fault.

Previously, Peter had believed the problem was the hip replacement surgery itself, during which the sciatic nerve was injured. But in fact, the issue began earlier, when the hospital failed to report problems seen on an X-ray. That failure meant Peter needed a more complex and risky operation later, and it was that operation that led to the nerve damage. So, the delay in advising Peter meant there was no limitation issue, as he hadn’t been given the full picture at the time.

Our experts

We also assembled a highly specialised team of experts.

Recep emphasises that their expertise was crucial in establishing liability and demonstrating how the misdiagnosis led to more invasive surgery and subsequent complications.

“We brought on a radiologist to review the original radiology and an orthopedic surgeon to assess whether Peter could have avoided the sciatic nerve injury with less risky hip surgery instead of a hip replacement. We used a neurologist to evaluate damages, an occupational therapist for care and assistance needs, and a rehabilitation physician to comment on the permanent nature of his injuries.”

The outcome

We successfully secured a settlement of $475,000, inclusive of costs, in just over a year since Peter opened his claim with GMP Law. This is an outstanding result for an older plaintiff with no claim for economic loss.

Peter's perspective on the resolution reflects both a sense of satisfaction and the harsh reality of his situation.

The outcome of the legal dispute had a financial benefit to me and the feeling that justice was served. Unfortunately, the resolution cannot remedy the everlasting impact for the rest of my life.

Total Settlement Amount: $475,002

Looking forward

For Peter, the resolution brought both vindication and acknowledgment of his suffering.

“I am grateful for the outcome and deeply appreciate the determination and professionalism of my GMP legal expert and the team.”

Recep shared, “There was a real sense of achievement for Peter. He wanted his voice heard and his pain acknowledged. At the other law firm, he didn’t receive that, but this settlement through GMP Law ensures his suffering and its impact are finally recognised.”

Peter’s advice to others facing similar situations emphasises preparation, patience, and being confident in the eventual outcome.

Key takeaways

Thorough investigation and proper document requests can uncover crucial evidence.
The importance of seeking second opinions when initial diagnoses seem insufficient.
Justice is possible even when other firms decline to take a case.
Age should never determine whether a person deserves compensation for negligence.

This case sends a powerful message that age should never be a barrier to seeking justice in medical negligence cases.

As Recep notes: “It doesn’t matter if someone is older or doesn’t have a claim for economic loss (only non-economic losses). If they’ve suffered serious injuries due to negligence, we will fight for justice, ensuring their voice is heard and their suffering recognised. We are committed to securing the maximum settlement possible.”

Contact GMP

This case demonstrates our firm’s commitment to pursuing justice for clients of all ages and our ability to uncover crucial evidence that others may miss.

If you believe you have a medical negligence claim, reach out to GMP Law. Our team of lawyers will help you maximise your claim in the minimal time possible.