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$500,000 Settlement Following Nerve Damage From Varicose Veins Treatment

Case Overview

Our client presented to a vascular surgeon, seeking treatment of her varicose veins in her right leg. 

Following the surgeon’s recommendation, our client accepted an elective operation. During the surgery, our client’s common peroneal nerve was damaged and dissected, with approximately 70% of the common peroneal nerve structured being disrupted. There were also surrounding thermal damage to axons and her lateral sural communications nerve was also cut.

Our client complained of reduced sensation in her right leg and inability to move her right foot immediately after the surgery. She was diagnosed with a severed peroneal nerve and subsequently underwent further surgery which involved a grafting of the severed nerve.

Despite the surgery our client was left with ongoing disabilities including intermittent pain, loss of sensation, weakness, and limitation of movement in her right foot. She required the use of walking stick and mobility scooter for daily activity for a period of time. She also suffered psychiatric injury including Major Depressive Disorder and Chronic Adjustment Disorder.

Our Approach

Due to the negative impacts the client’s injury had on her day-to-day life, she decided to reach out to Gerard Malouf & Partners to enquire about a potential medical negligence claim. Medical Negligence Lawyer2, Susan Newman, handled his case.

Supported by our expert’s opinion, Susan argued, on behalf our client, that had the short saphenous vein been identified both pre-operatively and during the operation, the injury could have been avoided. The failure of the surgeon to plan for the surgical incision dissection caused the current injuries and disabilities of our client.

On the basis of this expert evidence, we were able to commence proceedings against the surgeon. Our client enter into settlement negotiations between the parties by way of a mediation. Susan Newman and her team, including an expert barrister, negotiated a settlement of $500,000, which our client was very pleased with.

At Gerard Malouf and Partners, we pride ourselves on assisting those who are mistreated, misdiagnosed and inadequately cared for by the health system. We are highly specialised and focussed medical negligence lawyers with our firm being small enough to care intimately for our clients, but large enough to have the solid, financial, medical and expert resources our clients need to match the big insurers we fight every day.

The Result

After negotiations we secured over $500,000 inclusive of legal costs.

Expertise, Guaranteed

GMP Law has a large team that practices exclusively in medical negligence and personal injury cases. We understand how to maximise compensation and have the skills and experience to achieve that. 

If you, a family member or a friend have been a victim of a medical mistake, contact Gerard Malouf & Partners on 1800 004 878 to speak to one of our experienced medical negligence lawyers.  

You're in Expert Hands

Contact us for confidential, free advice.

Susan Newman

Senior Associate
About Us
Gerard Malouf & Partners have provided friendly, experienced legal advice to communities across Australia for over 35 years. Our Personal Injury Lawyers have taken on ten’s of thousands of cases and we are proud to have won billions of dollars for our clients.
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Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.
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Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.

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