70 Year old man receives $130,000 compensation for negligent treatment by his Gastroenterologist Specialist

PUBLISHED 15 Sep 2016

We acted on behalf of an elderly gentleman in relation to negligent treatment he received from his private gastroenterologist specialist from the North West of Sydney.

Our client underwent endoscopic assessment of his colon by the Gastroenterologist and during this procedure, the specialised visualised and removed three polyps. Unfortunately, during the removal of one of the polyps from the descending part of the colon, our client suffered a perforation injury to his Colon. 

Despite various complaints by our client post-operation, the Gastroenterologist assured our client that he would be fine and advised him to take Panadeine for the pain. The next day our client returned to his specialist complaining of more pain. The specialist did not refer our client on for further investigations and again advised him to take pain relief. A few days later and over the weekend our client had severe pain and high fever. Our client was admitted to a public hospital where he underwent investigations and subsequently emergency laparotomy, as a consequence of the perforated colon, together with subsequent stoma surgery.

As a result of the negligence of his Gastroenterologist, our client suffered personal injury, loss and damage.

Our client attended upon our senior solicitor, Julie Baqleh an Accredited Specialist in Personal Injury Law and sought our advice. We obtained an expert medical opinion from a professor of surgery who provided an opinion that the injury could have been avoided, however more importantly, the Gastroenterologist failed to recognise there was a problem and failed to investigate and diagnose the problem. This led to our client’s unfortunate outcome. With this evidence we were able to commence legal proceedings against the Gastroenterologist. In addition, we obtained medical reports to ascertain the extent of our client’s loss in terms of physical and psychiatric injuries and continuing disabilities.

Ultimately, with the strength of expert evidence, the insurance company of the Gastroenterologist agreed to offer our client a settlement amount of $130,000.00 plus pay his legal costs. Our client was keen for the matter to settle and he instructed us to accept the offer. Our client was extremely happy with the result as it was beyond his expectation.

We are a highly focused and specialised medical negligence compensation law firm being small enough to care, yet large enough to have solid financial, medical and expert resources to match the big defendants and insurance firms. Our “no win no fee’’ arrangements and written guarantee to reduce fees in the unlikely event of a poor result is unmatched in the legal industry Australia-wide.

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