Griffith Man Wins $180,000 Settlement for Hospital’s Failure to Diagnose and Treat

PUBLISHED 30 Jan 2017

Our client was a man from Griffith who sustained a lower back injury at work. He underwent a successful lumbar laminectomy which relieved most of the pain but by the end of that year, his pain returned and was recommended for a therapeutic injection by his GP. A CT-guided steroid injection was arranged to treat a lower back condition which our client sustained at work.

Immediately after the injection, the Plaintiff’s pain returned worse than ever. He developed the sensation that he was walking on broken glass. It is likely that due to the complications from the injection, the Plaintiff was not able to recover from the spinal injury. He has subsequently been unable to return to work.

Upon receiving the matter, Mr Abboud took the matter on a ‘no-win, no-fee’ basis. He and his specialist medical negligence team quickly sought the opinion of highly regarded doctors and experts and paid for all the upfront fees for these experts with no contribution from our client.

To establish liability, Mr Abboud and his team sought the report of an expert radiologist and they found that the Defendant injected the Plaintiff at the wrong level of the spine. In essence, the spinal needle was advanced sequentially adjacent to the dorsal margin of the exiting left L3 (rather than the reported left L4) nerve root at L3/4. The timing of the onset of the symptoms together with the nature of the procedure itself showed that on the balance of probabilities (>51%), the Plaintiff’s problems were a result of the procedure.

In addition to the above, Mr Abboud also paid the upfront fees of a psychiatrist and an occupational therapist to assess the damages and losses suffered by our client.

Mr Abboud and his team, as well as an expert barrister, pursued the matter progressively and brought the matter for mediation. The matter eventually settled for around $180,000.00, and while we understand that money will not be truly able to compensate the pain and suffering he underwent, we hope this will assist with the moving on with his life, and we trust that this settlement will assist him in increasing his quality of life.

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