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Gerard Malouf & Partners Manage Cases For Clients Across All Areas Of Personal Injury Law, Inheritance Disputes And Superannuation Disputes.

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Man Compensated Following a Penile Injury Due to Medical Negligence

  • Susan Newman
Case Overview
  • Plaintiff arrived at the hospital with blood gushing from his penis, and after some treatment, he was discharged.
  • By the time the compression bandage was removed, the plaintiff had suffered significant penile injury and a permanent deformity.
  • GMP helped the plaintiff to achieve a settlement which reflected the pain and suffering endured by him.

We were recently able to negotiate a settlement for a claim relating to a penile injury. In this case the plaintiff arrived at hospital with blood oozing from his penis. The attending doctors considered that the plaintiff was suffering an injury to his urethra, so the decision was made to place a urinary catheter and a compression bandage. The attending doctors then discharged the plaintiff from the hospital.

It was alleged by the hospital that the plaintiff was advised to return in 3 days. The plaintiff denied ever being told this.

“By the time the compression bandage was removed, the plaintiff had suffered significant penile injury and a permanent deformity.”


Susan Newman
Our Approach

We obtained expert opinions from two urologists. The first Urologist, preeminent expert, found that the attending doctors should not have discharged the plaintiff with a compression bandage in place, in fact, the expert urologist found that the compression bandage should have only been used for up to 2 hours, under strict medical supervision. We were confident that the plaintiff would be successful in establishing a breach of duty of care. 

Despite the evidence served on behalf of the plaintiff, the defendant hospital did not admit it was at fault. The defendant hospital maintained is position not to admit fault even in circumstances where the defendant hospital did not serve any expert evidence denying the assertions made by the plaintiff’s expert.

We subsequently obtained reports from another urologist, to comment on the corrective surgery and ongoing urological treatment required by the plaintiff. We also obtained a report from a psychiatrist, commenting the significant psychological impact of the plaintiff’s ongoing injury has on his day-to-day life.

The defendant hospital relied on opinions from a urologist and a psychiatrist. In essence, the most significant aspect of dispute was whether the proposed corrective surgery which had been claimed on behalf of the plaintiff would be undertaken and/or effective.

The parties agreed to attend a Mediation prior to the hearing of the matter in the District Court. The Mediation lasted nearly the entire day, with a multitude of positions put by both parties.

The Result

We were able to achieve a settlement which for the plaintiff which reflected the pain and suffering endured by the plaintiff and ensured that the plaintiff would be able to undertake future surgery, at a time when he was ready to do so.

Susan Newman

Senior Associate
Gerard Malouf & Partners were amazing with my claim. Susan … listened to me and explained each step, they were extremely patient with all my questions. The end result was more than expected. …… Would definitely recommend GMP for your claim
> View bio
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.

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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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Gerard Malouf & Partners manage cases for clients across all areas of Personal Injury Law, Inheritance Disputes and Superannuation Disputes.
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.
Lawyers
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.
Resources
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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