Central Coast Boy Receives $80,000 Compensation Following Negligent Treatment of Fracture

PUBLISHED 24 Apr 2020

In August of 2013, this boy fell while playing Rugby League. He was tackled by an opposing player and fell backward on his outstretched left arm, fracturing the shaft of the left radius and ulna at the junction of the proximal and middle thirds, and a buckle fracture of the dorsal aspect of the distal radius. He was taken to hospital, where a back slab was applied, the arm was placed in a sling and he was discharged on the same day.

Five days later, he attended the fracture clinic of the same hospital. It was noted that his neurovascular structures were intact, that a cast would be applied for a five-week period and that the boy could return after this for removal of the cast. It was decided that x-rays were not required.

After the five-week period had passed, the cast was removed at the fracture clinic of the hospital, without any imaging done on the left arm.

About two weeks later, this boy was referred by his general practitioner to another orthopaedic surgeon for a second opinion, who noted that his left arm had mal-united with a 20-degree angulation. This boy had suffered displacement and malunion of his fractured mid-shaft radius and ulna, cosmetic defect, a clinical deformity of his left arm, and a decreased range of movement.

This boy and his mother contacted Gerard Malouf and Partners, seeking some assistance in regard to the boy’s unfortunate injuries. This case was managed by Mr Keegan Behrens, an associate at the firm and an expert medical negligence lawyer. Keegan and his team worked tirelessly on the matter, engaging the expert opinions of several esteemed medical specialists, including an orthopaedic surgeon, a rehabilitation specialist and a psychiatrist.

This matter progressed to mediation where it settled for $80,000 following careful and considered negotiation on Mr Behrens’ and our expert barrister’s part. This money will be used to help this young man make as much of a recovery as possible and get on with his life. He will be able to use these funds to access future care and treatment, such as physiotherapy and psychological therapy and counselling to help him adapt to what has happened.

Have you or your child been affected by the negligence of a hospital? Please call us today to talk to one of our expert medical negligence solicitors.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.