$140,000 Damages Arising from Medical Negligence Administered by a Doctor at a Hospital

PUBLISHED 17 Dec 2012

Our client attended hospital after slipping over and dislocating his elbow. The doctor at the hospital that he attended upon did not arrange for any x-rays to be performed and our client was not assessed properly, instead, negligently the doctor attempted to put the plaintiff’s elbow back into place. The plaintiff was discharged and then sent home with some sedation and analgesic medication.

One week later our client noticed that he could not move his arm and it had become extremely swollen and was extremely painful. The plaintiff consulted the local General Practitioner and was then sent for an x-ray. This x-ray revealed that the plaintiff’s elbow had been dislocated and multiple fractures were identified. 

The plaintiff returned to the hospital where further x-rays were conducted and major surgery arranged for 31 March 2011. This was 20 days after the fall.

On 31 March 2011 the plaintiff attended the hospital and waited most of the day for the surgery to be arranged. Later that day, however, the plaintiff was unfortunately sent home and told the surgery would be arranged for another date.

The hospital later called the plaintiff on 1 April 2011 and booked him in for surgery on 4 April 2011. Once again, however, that surgery was later cancelled.

The plaintiff was subsequently referred to see a surgeon who has since taken over the care of the plaintiff. Surgery was arranged for 6 April 2011 which the plaintiff finally undertook.

The plaintiff’s arm had become extremely painful. The plaintiff was having trouble sleeping and was worrying about the future as the plaintiff could not move his arm. The plaintiff was also becoming very conscious of his appearance.

The plaintiff was previously very active and was now not able to do these physical activities.

As a result of the delay the plaintiff was left with permanent disability. The failure to take an x-ray immediately after the fall when the plaintiff attended the hospital and the delay in carrying out the surgery amounted to breach a duty of care.

Our solicitor, Leslie Abboud, who specialises in Medical Negligence and has been doing same for many years, obtained a settlement for the plaintiff at mediation for the sum of $140,000.00. The matter was resolved within 12 months of our firm obtaining instructions.

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