In this matter, our client was left with worsening right knee instability, chronic pain and an altered gait following knee replacement surgery. Our client initially consulted an orthopaedic surgeon who agreed to perform the knee replacement and he was subsequently scheduled for surgery. On the day of the surgery however, our client was operated on by a different orthopaedic surgeon. Our client had not consulted with this surgeon and the first time they met was in the anaesthetic bay.
Our client had a protracted admission and wound complications following surgery. It was also later identified that the wrong prosthetic had been used, causing further instability in the knee. As a result of the failed knee replacement procedure, our client required revision surgery.Â
With this clear mistreatment, our client sought the expert advice and help from Gerard Malouf and Partners. Medical negligence lawyer Keegan Behrens took on this case and argued on behalf of his client that the orthopaedic surgeon was medically negligent in failing to adequately manage, investigate, treat and perform an adequate surgical procedure.
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 an external mediation, arranged by the parties.
At Gerard Malouf and Partners, we pride ourselves on assisting those who are mistreated, misdiagnosed and inadequately cared for by the health system. We are highly specialised and focussed medical negligence lawyers with our firm being small enough to care intimately for our clients, but large enough to have the solid, financial, medical and expert resources our clients need to match the big insurers we fight every day.
For free over the phone advice or to take advantage of our free face-to-face consultation call Gerard Malouf and Partners on 1800 004 878 and ask to speak with one of our experience medical negligence lawyers.
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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