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Man Gets $200K Settlement for Failure to Treat Post-Operative Complications

Case Overview
  • Our client had a history of recurring episodes of acute diverticulitis requiring multiple admissions to the hospital and intravenous antibiotic treatment.
  • Following post-operative complications, he now has persistent abdominal pain and intestinal obstruction, as well as psychological ramifications from the occurrence.
  • GMP helped the man to get compensation of over $200,000.

When undergoing any operation, it is reasonable to expect medical practitioners to manage your post-operative condition. The end of an operation does not end a practitioner’s duty of care to a patient.

Our client had a history of recurring episodes of acute diverticulitis requiring multiple admissions to hospital and intravenous antibiotic treatment. In March 2019, our client underwent a colonoscopy which revealed severe sigmoid diverticular disease and he was advised by a colorectal surgeon to undergo surgery due to his persistent symptoms. In July 2019, our client underwent a laparoscopy and conversion to open anterior resection.

However, post-operatively, an abdominal CT scan and mesenteric angiogram revealed free fluid in the pelvis, probable haematoma, and free gas in the upper abdomen which was consistent with the laparotomy performed three days previously. By the time the next CT scan was carried out four days later, there was considerable gas throughout the abdomen which should have indicated a high likelihood of anastomotic leak.

“Despite this, our client was treated conservatively and was eventually diagnosed with iatrogenic feculent peritonitis and underwent an emergency laparotic abdominal surgery.”


Our Approach

In the course of the emergency laparotic abdominal surgery, our client suffered two iatrogenic enterotomies requiring a further resection of 20cm of the small bowel and further anastomosis.

Our client now suffers from ongoing abdominal pain and intestinal obstruction and has suffered psychological sequalae from the incident. As a result of the delayed treatment, our client also suffered from intrabdominal sepsis, incisional hernias, and required a colostomy bag.

GMP received supportive opinions from experts that the hospital failed to provide definitive treatment to our client by revision surgery prior to the development of a fistula. The hospital also failed to refer our client for definitive surgery for the iatrogenic leakage and peritonitis resulting from the initial surgery. Overall, we received supportive views that the hospital failed to provide due care and skill to our client.

As a firm that has a large team that practices exclusively in medical negligence and personal injury cases, we understand how to maximise compensation and have the skills and experience to achieve that. If you, a family member or a friend have been a victim of a medical mistake, feel free to contact Gerard Malouf & Partners on 1800 004 878 to speak to one of our experienced medical negligence lawyers. 

The Result

Our client agreed to settlement monies in the sum of $200,000.

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.

READ MORE

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.
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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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