NSW man receives $350,000 medical negligence payout

Date: Feb 08, 2013

All of us depend at some point on the services of health experts. Luckily, these are some of the most highly-trained of any professionals, and are able to build relationships with their patients based on trust and confidence.

However, medical care is a complex business and the duty of care that doctors, surgeons and other health professionals can at times be breached.

If patients suffer an injury as a result of such a breach, they might be entitled to compensation as a result of negligence.

Medical negligence lawyers can help patients who suspect that their injuries were sustained as a result of malpractice to negotiate the complicated nature of filing such claims.

A NSW man was recently awarded $350,000 after filing a claim for medical negligence against his doctor.

The Sydney Morning Herald reported today (February 8) that Luis Almario had been successful in his application to the Supreme Court for compensation.

Mr Almario is dying of liver cancer, which he claimed was a direct result of his GP not referring him to a weight-loss centre or recommending he have gastric-band surgery.

The North Parramatta resident had sought the services of a nutritional and environmental medicine specialist who had experience treating disease resulting from toxic exposure, after seeing his services advertised in a newspaper.

That’s because he was convinced his medical complaints – which at that time included morbid obesity, liver disease and many other interrelated conditions – dated back to his time working at the Union Carbide pesticide plant in Rhodes.

Justice Joseph Campbell found the GP responsible for the subsequent deterioration of Mr Almario’s condition.

“I am satisfied that but for the negligence of the defendant, the liver disease would not have progressed to cirrhosis and one could have expected a great improvement in his health generally, had bariatric surgery been successful, and a healthful weight been achieved by Mr Almario following surgery,” said Justice Campbell.

In this case, a medical professional was found guilty of negligence through inaction, but compensation claims can also be based on injuries sustained due to incorrect procedures taking place.

This can include wrong surgical procedures being performed, when the wrong part of the body is operated on, and if surgical implements such as sponges are left behind inside a patient after surgery.

No win no fee lawyers in NSW can examine any potential case for medical negligence compensation and provide their expert advice on your chances of success.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts or email your enquiry.