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Medical Negligence Claim Settled for $430K after Post-Operative Hand Infection

Case Overview
  • Our client was in his early 30s when he underwent an open reduction internal fixation of his 3rd and 4th metacarpal following injury.
  • Our client suffered a post-operative infection against which adequate precautions had not been taken and which was not diagnosed or treated appropriately.
  • GMP was able to settle his matter for $430,000.

Our client injured his right hand and was diagnosed with an acute fracture of the head and neck of the 3rd metacarpal and the shaft of the 4th metacarpal. Our client then underwent an open reduction internal fixation. Following the operation, our client was only prescribed a course of antibiotics for a week. Approximately two weeks post-operatively, our client complained of pain on the hand and an examination identified a small wound opening. Further antibiotics had still not been prescribed.

After a further week, our client against presented to the hospital and was diagnosed with an infected post-operative wound which was redressed. Antibiotics were then recommenced. Despite treatment, our client required hardware removal with a washout performed.

“As a result, our client has been left with a restricted, painful and disfigurement of his dominant right hand, with reduced right-hand dexterity and function, with arthritis.”


Our Approach

Due to the ongoing difficulties our client was experiencing with his hand which affected both his employment and ability to perform household chores, our client decided to contact Gerard Malouf & Partners to make a claim against the hospital. 

We received opinions from an emergency physician and orthopedic surgeon who were of the view that that our client had not been prescribed antibiotics for a sufficient period or dose to prevent an infection. They were also of the view that there was a delay in diagnosing the infection and, once identified, there was a failure to adjust the course of antibiotics and to otherwise treat the infection.

We also obtained a report from an occupation therapist who indicated the care and assistance that our client would require with domestic and personal tasks, and a report from a psychiatrist as to the emotional toll the incident and the injuries have had on our client.

Our client agreed to a settlement sum of $430,000 for the pain and suffering he has experienced, the loss of income, and the ongoing requirement for domestic care and assistance.  

Our skilled and experienced lawyers at Gerard Malouf & Partners recognise that a person’s world can change unexpectedly because of the negligence of medical practitioners. If you have an enquiry in relation to a potential medical negligence claim, please call us on 1800 004 878 and speak to one of our medical negligence lawyers.

The Result

We were able to obtain a settlement of $430K for his pain and suffering

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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