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Patient Compensated After Suffering a Toxic Reaction at an NSW Public Hospital

Case Overview
  • Our client suffered a toxic reaction to antibiotic therapy when she was a patient at an NSW public hospital.
  • This resulted in impairments to her balance and mobility which affected her day-to-day life.
  • A claim for medical negligence was made and we were able to settle our client’s matter for $160,000.

In this matter, our client presented to the emergency department with an infection and reduced kidney function. Emergency staff administered antibiotics to treat our client. Following the administration to these antibiotics, our client suffered a toxic reaction which resulted in impairments to her balance and mobility.

As a result of the impacts of her injuries and disabilities on her day to day life, our client approached Gerard Malouf & Partners to investigate a potential medical negligence claim.

Medical negligence lawyer Jonathon Tannous handled her case, and sought and obtained independent expert opinion on the administration of the antibiotic. Gerard Malouf & Partners was able to obtain independent expert opinion that the emergency staff failed to consider alternative antibiotics, and should have, given the risks which arose due to our client’s poor kidney function.

“Although the practice of administering the antibiotic which was administered in this case continues, the experts engaged in this case helped shed light on the fact that every medical case is different, and doctors should be expected to take into account all risk factors and consider less risky alternative treatment options (such as other effective antibiotics) in managing their patients when necessary. ”


Jonathon Tannous
Our Approach

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 specialized and focused 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.

The Result

A settlement was reached, securing our client $160,000 in compensation.

Jonathon Tannous Medical Negligence Lawyer

Jonathon Tannous

Solicitor
Absence of evidence is not evidence of absence.
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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Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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