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Man Receives $780,00 in Compensation as His Cancer Was Not Identified in Time

Case Overview
  • Our client was diagnosed with terminal skin cancer despite ongoing treatment with a skin clinic.
  • Unbeknownst to our client, the doctor who was treating him was a GP and not a skin specialist.
  • If he was referred to a skin specialist in time his cancer may not have turned terminal and therefore he received $780,000 in compensation.

In around 2014 our client attended a skin clinic to obtain treatment for skin cancer. Throughout 2014-2017 our client attended the skin clinic for treatment of Squamous Cell Carcinoma in his lip and complained that his lip was not healing despite following the treatment.

 

Unbeknownst to our client, the doctor who was treating him was a GP and was not a skin specialist. The GP continued to treat our client conservatively and did not refer him to a skin specialist or surgeon despite our client’s ongoing complaints that he was having problems with his lip.

 

In around late 2017, the GP advised our client that he would no longer be practicing at the skin clinic. Around 8 months later, our client discovered lumps in his jaw and further testing, unfortunately, revealed that the skin cancer had metastasised, and he was now terminal.

“We filed a Notice of Motion asking the court to have the matter expedited due to our client's terminal condition.”


julie baqleh
Our Approach

Our medical negligence team acted quickly obtaining clinical records of our client and briefing specialist GPs and oncologists to get their expert opinions as to whether there was any negligence on the GP’s behalf.  Our GP expert expressed an opinion that our client should have been referred to a skin specialist as the treatment being performed by the GP was beyond his expertise. Our oncologist supported the fact that our client’s terminal outcome was due to a failure of proper treatment of cancer.

 

Once we had this crucial evidence, we were able to commence proceedings in the District Court of NSW. Around one month before the hearing, the GP solicitors served a report on our office which indicated that a pathologist did not identify cancer when a biopsy was performed in 2016. GMP then swiftly acted and sought further opinions from our expert oncologist who advised that the reporting of the 2016 biopsy was completely inadequate and should have identified the presence of cancer. We then joined the pathologist in the proceedings one month before the matter was to go to trial.

 

Immediately before the hearing, GMP was able to secure a settlement for our client of $780k, just over 5 months after filing the matter in court. Our client was pleased with this result and the hard work and dedication of his legal team as this has given him peace of mind and quality of life and will enable him to enjoy the time he has left with his partner and family.

The Result

Immediately before the hearing, GMP was able to secure a settlement for our client of $780k, just over 5 months after filing the matter in court. Our client was pleased with this result and the hard work and dedication of his legal team as this has given him peace of mind and quality of life and will enable him to enjoy the time he has left with his partner and family.

Julie Baqleh Lawyer

Julie Baqleh

Partner
My idea of success is to offer my clients a sympathetic listening ear and to understand their needs.
Frequently Asked Questions

More Information

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.

All professionals – including medical professionals – have a duty of care toward their customers. 

Our Medical Negligence lawyers manage cases brought against all forms of medical worker when they show neglect in their duty of care, including doctors, nurses, dentists, hospitals, cosmetic surgeons, chiropractors and physiotherapists

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Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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