Our client attended hospital on 25 March 2009 to undergo a planned right knee replacement. The surgery went as planned and she was recovering as expected. 2 days later, at 2:00am in the morning our client was awoken and needed to go to the toilet. She noticed that the guard on her bed was down. She tried to attract the attention of 3 nurses at the nursing station but no-one would turn or respond to her calls. The call bell was on the left hand side on a cupboard which was too far back so she was unable to reach it. The usual position for the call devices is in a position where it is an easy reach for a patient for such circumstances as this or any other emergency needed from the patients. Our client had just had a major operation and her ability was effected and required assistance if she needed to go to the bathroom.
As a consequence of not being attended to by the nursing staff our client attempted to go to the bathroom by herself as it was not possible for her to wait.
Our client moved around the bed and walked approximately 1-2 metres and with nothing to hold on to she fell onto the floor fracturing her leg. Our client had to undergo further surgery and required internal fixation using a long plate and 9 screws to repair her femur.
Our client was in hospital for an additional 7 weeks and required further procedures to stabilise the fracture with a revised internal fixation and bone graft.
As a result of the accident and subsequent operations our client has had a significant impact and is not able to do household duties such as washing, cooking and cleaning as she did before. She is no longer able to socialise and has had a loss of self confidence.
Our client requires a walking frame to get around and she is quiet depressed, unhappy and requires the assistance of her partner for most things.
Our specialised Medical Negligence lawyers, Leslie Abboud obtained medical expert reports and opinions and determined that the hospital was negligent in the failure to ensure the call button was in reach of our client.
Gerard Malouf and Partners our specialised Lawyer Mr Leslie Abboud claimed for past out of pocket expenses, past and future care and future medical expenses. He obtained a settlement of $250,000.00 inclusive of legal costs.
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