Case Overview
- Our client re-injured his right knee, underwent an ORIF of the right patella and was discharged a few days later without a prescription of antibiotics.
- Our client returned to hospital a week later due to an infection at the operative site.
- Our client received $435,000 as compensation for infection following the operation.
In late 2018, our client suffered a right lower limb injury for which he successfully had surgery for. In mid-2019, our client re-injured his right knee and underwent an ORIF of the right patella, including removal of certain mechanics from the prior operation.
He was administered one dose of antibiotics during his admission and was discharged a few days later without any further antibiotic prescription. Without the antibiotics, our client returned a week later due to an infection in the right knee. Our client required several washouts and revision of the remaining mechanics in the right knee.
His knee remained in a poor condition at the time of the legal proceedings despite ongoing treatment, care and physiotherapy.
“His knee remained in a poor condition at the time of the legal proceedings despite ongoing treatment, care and physiotherapy.“
Our Approach
As a result of the pain and suffering our client had endured, the significant out of pocket expenses incurred for treatment and physiotherapy, and the loss of wages due to an inability to return to work, our client contacted Gerard Malouf and Partners (GMP Law) seeking compensation for the medical negligence.
We received reports from an orthopaedic surgeon who opined that the failure to administer adequate antibiotics following the surgical operation to the right knee was unreasonable. If the client had been administered antibiotics, he would have avoided the infection to the operative site.
Our occupational therapist also quantified the injuries our client had suffered. We received further reports from a psychiatrist and vocational expert to comment on the loss and damage sustained by our client as a result of his injuries, including the requirement for domestic care and assistance. Our team also sought after verification of our client’s mental distress and inability to retain employment.
We were able to obtain a settlement of $435,000 to compensate our client for his injuries, the domestic care and assistance. He is covered for the expenses past and any future loss of income.
Our expert lawyers at Gerard Malouf and Partners (GMP Law) will seek compensation when you suffer loss and damage from negligent medical treatment. If you have an enquiry in relation to a potential medical negligence claim, please call us at 1800 004 878 and speak to one of our medical negligence lawyers or fill out an enquiry form online.
The Result
We were able to obtain a settlement of $435,000 to compensate our client for his injuries, the domestic care and assistance.
Frequently Asked Questions
More Information
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.
The process can be long, but the start can be found at an RCA (root cause analysis) which must be undertaken and can be discovered by obtaining copies of the medical notes at the institution where the unfortunate outcome occurred.
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