Case Overview
- Our client went in for a colonoscopy to remove a polyp.
- The surgeon ruptured our client’s spleen and a splenic hematoma developed, disrupting her quality of life and health.
- Ms. Newman and her team, including an expert barrister, negotiated a settlement of $130,000.
Our client underwent a colonoscopy at her local hospital to remove a polyp.
While in the surgery, the surgeon opted to use a paediatric colonoscope rather than an adult instrument. During the manipulations to remove the polyp, the surgeon ruptured our client’s spleen.
Our client went into haemorrhagic shock when a large splenic hematoma was formed and required further surgery where she ultimately had her spleen removed.
Following the incident, our client continued to suffer from post-surgical fatigue as a result of major surgery and blood loss, left lung damage and psychological injuries. Seeing the devastating effects on her quality of life, our client sought expert advice and assistance from Gerard Malouf & Partners (GMP Law).
“Seeing the devastating effects on her quality of life, our client sought expert advice and assistance from Gerard Malouf & Partners.“
Susan Newman
Our Approach
Solicitor Susan Newman took on this case. She argued on behalf of her client that the hospital was negligent for the manner in which it performed the colonoscopy, and that such a mistake had resulted in injury.
We obtained expert opinion in support of our case regarding a failure by the surgeon to perform the colonoscopy in a competent manner. Our team was then able to commence proceedings against the local health district.
While some resistance to the claim was initially pressed, we were able to enter into settlement negotiations between the parties by way of mediation. Ms. Newman and her team, including an expert barrister, negotiated a settlement of $130,000.
At Gerard Malouf & Partners (GMP Law), we pride ourselves on assisting those who are mistreated, misdiagnosed and inadequately cared for by the health system.
For free over the phone advice or to take advantage of our free face-to-face consultation, call Gerard Malouf & Partners (GMP Law) at 1800 004 878 and ask to speak with one of our experienced medical negligence lawyers. You can also pose an enquiry online at any time.
The Result
Ms. Newman and her team, including an expert barrister, negotiated a settlement of $130,000.
Susan Newman
Senior Associate
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 favourable judgement, 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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