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A Man Settles Medical Negligence Case Against Orthopaedic Surgeon for $550,000

Case Overview
  • Our client suffered from a full thickness rotator cuff tear and he underwent surgery after which he woke up in extreme pain. 
  • It was found that he suffered from injury to the biceps and that further surgery was needed to repair the long head of the biceps.
  • A claim for medical negligence was made and we were able to settle our client’s matter out of court for $550,000.

We recently settled our client’s medical negligence claim against a Sydney-based Orthopaedic surgeon for $550,000. Our client suffered from a full thickness rotator cuff tear and it was recommended that he undergo surgery in the form of a right rotator cuff repair. He underwent the subject procedure and woke up in extreme pain with a non-functioning pain pump. Our client was discharged the following day, despite experiencing severe pain.

During a post-operative follow up appointment, the Defendant noticed a suture protruding through our client’s bicep and several sutures in his shoulder. The Defendant removed the sutures in our client’s arm, which resulted in our client experiencing sudden pain and the sensation of his biceps muscle dropping and bunching. Subsequent radiological investigations confirmed that our client had suffered from injury to the biceps and that further surgery was needed to repair the long head of the biceps. The Defendant then performed a revision right biceps tenodesis on the plaintiff, after which our client developed a post-operative infection. 

“Our client was subsequently required to undergo further surgical procedures and extensive treatment for his infection. Had the Defendant performed the initial procedure with due care and skill, further surgery would not have been needed and the infection of our client’s shoulder would not have developed. ”

Keegan Behrens
Our Approach

Our client has since been left with a supraspinatus partial tear, iatrogenic long head of biceps tendon division, repeat biceps tenodesis, irreparable re-rupture of the supraspinatus tendon, exacerbation of his PTSD and a requirement to undergo a shoulder replacement in the future.

GMP’s highly experienced medical negligence solicitor, Mr Keegan Behrens, had carriage over this matter. Keegan and his team worked tirelessly on this case. The force of the firm’s resources and personnel were deployed as clinical records were obtained and analysed, and medical specialists at the top of their field were briefed to ensure that justice was done for our client.

Although this money does not alleviate our client’s ongoing pain and suffering, it does ensure that negligent medical practitioners are held accountable and that our client can get the support that he needs for the remainder of his life. Our firm is recognised as an Australian leader in its areas of law with offices throughout the east coast of Australia specialising in Sydney, regional New South Wales, South East Queensland and Victoria.

The Result

This matter settled following a Mediation and it was agreed the defendants would pay the plaintiff the sum of $550,000.

Keegan Behrens Compensation Lawyer No Win No Fee

Keegan Behrens

Senior Associate
It always seems impossible until it’s done.
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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