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A Woman Secures $80,000 After A Surgeon Causes Nerve Injury

Case Overview
  • Our client had a fall and fractured her ankle. Due to the fall, she had to undergo an operation.
  • During our client’s operation, the surgeon inadvertently caused injury to a nerve in the foot causing a burning sensation and numbness. 
  • We helped our client negotiate a settlement claim of $80,000 in a medical negligence claim. 


Our client had a fall and fractured her left ankle. She had to undergo an open reduction and internal fixation performed by an orthopaedic surgeon. During the operation, the surgeon inadvertently caused an injury to a nerve in the foot. Following surgery, our client complained of numbness and burning sensation in her foot and leg.


Our client later underwent further surgery to assist with her neuropathic symptoms. The surgery helped reduce the pain but she had ongoing numbness.

Our Approach

Medical negligence specialist, Mr. Ray Abbas handled her case and sought and obtained supportive independent expert opinion that the injury was a result of inadequate care.

Our client’s injury had improved significantly thanks to the second surgery and so it was decided that the best option for our client to reach a positive outcome would be to enter into settlement negotiations between the parties by way of mediation. Mr. Abbas and his team, including an expert barrister, negotiated a settlement of $80,000.

At Gerard Malouf and Partners we pride ourselves on assisting those who are mistreated, misdiagnosed, and inadequately cared for by the health system. We have a team of highly specialised medical negligence lawyers within our firm.

The Result

Mr. Abbas and his team, including an expert barrister, negotiated a settlement of $80,000.

Ray Abbas Photo

Ray Abbas

I get satisfaction in knowing that my clients receive compensation in these challenging times, where insurers seem to have the upper hand
Frequently Asked Questions

More Information

Negligence is a failure to exercise the care that another in the same position would prudently exercise. The harm caused by negligence is considered to be due to carelessness, rather than a specific intent or determination to cause harm.

While negligence can include misconduct in a variety of circumstances, malpractice is reserved for professionals who fall grossly short of their obligations — and harm others in the process. As a result, malpractice is often called “professional negligence”. If a licensed professional (such as a doctor, lawyer, or accountant) fails to provide the accepted standard of care and subsequently causes harm to the plaintiff, this form of negligence may be known as malpractice.

Medical malpractice is specifically used in reference to medical workers who have committed acts of negligence.

Demonstrating that a doctor fell short of their duty of care can be a challenging process. While most doctors try their best to correctly diagnose conditions and provide timely medical treatment, they can’t always be right. In every state, protections are in place to shield practitioners from some litigation. These give practitioners peace of mind on the job and protect hospitals that are doing their best with limited resources. However, these laws also set the bar for receiving compensation incredibly high.

Overall, to win a favorable judgment, you must be able to prove Duty, Breach and Damages.

If you have been injured or an existing condition has got worse following a medical procedure, or even just a visit to the doctor, then you may have been the victim of medical negligence and you may be eligible to make medical negligence claims against the professional who caused your injury.

If you can first show that you have suffered harm, and secondly, that a medical professional failed in their duty of care towards you then you may be entitled to compensation.


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Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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