We recently settled our client’s medical negligence claim against one of Sydney’s busiest public hospitals for $175,000, having been left with a “iron stain tattoo” which covers half of one arm.
Our client attended the hospital for an iron infusion having been diagnosed with low iron levels and experienced significant pain and discomfort when the canula was inserted into her arm and throughout the infusion, describing the sensation of pins and needles to the supervising nurse.
Our client continued to complain of pain, however, the nurse did not stop the infusion. Finally towards the end of the infusion our client’s arm was swollen and painful and the nurse finally stopped the infusion into our client’s arm, and reinserted a new canula into her other arm. No first aid was applied to her painful arm.
Our client’s pain continued and she attended her General Practitioner and the hospital again in subsequent days, where she was diagnosed with skin discolouration of the arm following the iron infusion. A dermatology referral was made, however, our client was advised that the staining of her skin or tattooing of iron, was likely permanent. Our client has also continued to experience tingling sensations in her lower arm and hand.
Our client initially tried to deal directly with the Hospital herself, with her husband, however found this process was only proving more stressful for their family. That is when they called Gerard Malouf & Partners, Medical Negligence Specialists.
We received supportive liability evidence from our Nursing expert, who opined the nurse should have ceased the infusion upon our client’s complaints of pain and that her permanent stain was preventable in the circumstances. We thereafter sought quantum evidence to build our client’s damages claim from a dermatologist and psychiatrist to cover both her physical and psychological injuries arising from the above incident.
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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In the spirit of reconciliation GMP Law acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea, and community. We pay our respects to their Elders past, present, and emerging, and extend that respect to all Aboriginal and Torres Strait Islander peoples today.
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