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A Sydney Man Receives $450,000 in Medical Negligence Claims

Case Overview
  • Our client sustained an injury to his radial nerve following a CT guided biopsy procedure in 2018.
  • His ability to run his business was significantly impacted and he needed assistance from his family. 
  • He contacted us to see if he had any grounds to make a claim and we were able to settle our client’s matter out of court. 

Our client was in his thirties and sustained an injury to his radial nerve following a CT guided biopsy procedure in 2018. At the time of his injury our client had a wife and children whom he was supporting and was running a family business. As a result of his injuries, his ability to run his business was significantly impacted and his family had to assist him in the day to day business operations. 

Our client felt angry and frustrated towards the doctor who performed the procedure and was concerned about continuing to rely on his family for support. Because of this our client decided to contact Gerard Malouf & Partners to see if he had any grounds to make a claim.

“We scrutinised every page of our client's clinical records, taking careful note of any evidence that he had suffered a nerve injury.”


RAY ABBAS
Our Approach

We arranged to meet the client at his home to 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 then drafted a qualifying letter incorporating all of the evidence we had identified which suggested that our client had suffered a nerve injury.

Having spent countless hours working on cases involving nerve injuries arising from various surgical procedures, and after numerous discussions with top experts over the years, we knew that claims involving a nerve injury can be difficult to prove and would need to build a strong case with support from highly respected medical experts.

We qualified one of Australia’s best neurologists and a radiologist 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 Forensic Accountant was also reached to comment on any loss suffered by his small business, as well as an Occupational Physician to comment on his ability to continue working.

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 the results needed. 

The Result

We were able to settle our client’s matter out of court for $450,000. Our client was able to avoid the stress of going to court and move on with his life.

Ray Abbas Photo

Ray Abbas

Partner
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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Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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