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Settlement of $90,000 for patient after GP fails to treat hay fever with due care and skill

Case Overview

In this matter, our client consulted with her general practitioner for treatment of her hay fever.

Our client’s general practitioner proceeded to treat her hay fever by administering a corticosteroid injection.

The injection was performed contrary to the recommendations of the manufacturer of the drug, and as a result, our client suffered necrosis of the tissue, required a small corrective procedure, and was left with a scar in the region of the injection as a result.

Our Approach

The injury caused to our client was permanent and caused psychological harm. As a result, she decided to reach out to Gerard Malouf & Partners to enquire about a potential medical negligence claim. Medical negligence specialist, Mr Ray Abbas, handled her case and argued on her behalf that the general practitioner in question was negligent in administering the injection despite the fact that it was contraindicated. This was supported by an independent expert who also opined that the manner in which the injection was administered was also inadequate.

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 a mediation. Mr Abbas and his team, including an expert barrister, negotiated a settlement of $90,000.

The Result

Mr Abbas and his team, including an expert barrister, negotiated a settlement of $90,000.

Jonathon Tannous Medical Negligence Lawyer

Jonathon Tannous

Solicitor
Absence of evidence is not evidence of absence.
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.

The length of time required to resolve medical negligence claims will depend on a number of factors. Chief among them are the complexities of your particular case and how it is ultimately resolved.

Typically though – based on a wealth of experience fighting and winning medical malpractice cases – our medical negligence lawyers will advise you that it will take between 12 and 24 months to resolve your case.

Cases that are resolved through mediation tend to be a lot quicker. The opposite is true of cases that go to the Supreme Court, where the likely time frame from your first meeting with us to reaching a conclusion extends to 36 months.

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