This matter concerned a gentleman who passed away in August 2018 as a result of metastatic colon cancer. The cancer was discovered on a CT scan in May 2018, by which time it was an 8cm caecal tumour.
In early 2017, the deceased provided a faecal sample as part of the National Bowel Cancer Screening Program. Due to a positive test result, he attended the gastroenterology clinic of his local hospital, where it was determined that a colonoscopy needed to be performed. The colonoscopy discovered 3 polyps, which were resected and retrieved from the rectum, sigmoid colon and descending colon. Histopathology results revealed that the lesions were adenomas, but no evidence of malignancy was found. The deceased was advised that there was no need for further follow-up, and that he should have another colonoscopy in three years’ time.
This gentleman unfortunately passed away in August 2018, as mentioned above. His distraught wife and son reached out to Gerard Malouf & Partners, seeking justice and compensation for the awful incident that their family had suffered. This matter was taken on by Mr. Keegan Behrens, an experienced medical negligence solicitor with the firm. Mr. Behrens obtained expert evidence from two general surgeons and an oncologist to support the case.
The plaintiffs were also assessed by a psychiatrist, who outlined the psychological trauma they had suffered and made recommendations for their future care and treatment.
The family were happy with this outcome and this compensation will be used to cover the cost of their funeral expenses, as well as the cost of their future treatment and therapy as they struggle to come to terms with what happened.
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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