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Man Receives $405,000 in Compensation After an Unnecessary Surgery

Case Overview
  • Our client was in his early 50s when he underwent a colonoscopy which found some pre-cancerous polyps and was recommended a hemicolectomy for it.
  • He was diagnosed with an infection at the operation site 10 days later and suffered from septicaemia and required further surgery.
  • GMP was able to settle his matter out of court for $405K.

Our client was in his early 50s when he underwent a colonoscopy which found some pre-cancerous polyps. Our client was recommended to undergo a hemicolectomy, an operation to remove a section of the large intestine to remove one of the larger polyps that could not be removed during the colonoscopy.

The procedure was supposed to be minimally invasive and was performed via key-hole surgery. However, post-operatively our client experienced ongoing symptoms that were indicative of infection, including fevers and severe pain. Approximately 5 days after the surgery a CT scan was performed which strongly suggested that there was an infection at the operation site.

Unfortunately, doctors caring for our client did not act on this CT scan and our client was not diagnosed with an infection until 10 days following the operation. As a result of the infection our client suffered from septicaemia and required further surgery and a temporary stoma bag.

“As a result of the delay in diagnosing the infection our client’s post-operative course was far more complicated and he was required to stay in hospital for 5 weeks. He sustained significant physical and psychiatric injuries as a result.”

Ray Abbas
Our Approach

Our client felt angry and frustrated towards the doctor who performed the procedure and had needed significant time off work as a result of his injuries. Because of this our client decided to contact Gerard Malouf & Partners to see if he had any grounds to make a claim.

We arranged to meet the client discuss his claim and were able to establish that our client did have a valuable claim. We opened a file on our client’s behalf and requested all of his clinical notes. We took a careful history from our client and scrutinised every page of his clinical records.

We qualified one of Australia’s best colorectal surgeons to provide an opinion. We also explored every aspect of our client’s damages and qualified an Occupational Therapist who was asked to comment on past and future need for care and equipment, a Rehabilitation Physician to comment on his work capacity and a psychiatrist to comment on the emotional harm caused to our client as a result of his injuries.

Our expert Colorectal Surgeon provided evidence that the polyp identified was much smaller than our client’s treating doctor had estimated, and that our client should never have undergone the procedure in the first place. Additionally, he provided evidence that the doctors involved in our client’s care did not act on the signs and symptoms of infection in a timely manner. This was denied by the Defendant who also served significant expert evidence. Our client was able to avoid the stress of going to court and finally was able to move on with his life.

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 friend has been a victim of a medical mistake or has undergone an unnecessary procedure, bringing a claim through Gerard Malouf & Partners is likely to bring you answers that you would never otherwise have received, Gerard Malouf and Partners always strives to give its clients the best compensation they deserve, and a sense of closure for thousands of injured people.

Feel free to contact Gerard Malouf & Partners Compensation Lawyers for a no obligation discussion of your circumstances by calling 1800 004 878 or complete our email enquiry form on our website.

The Result

Despite this, we were able to settle our client’s matter out of court for $405,000.00

Ray Abbas

I get satisfaction in knowing that my clients receive compensation in these challenging times, where insurers seem to have the upper hand
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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