Hunter Region woman receives settlement of over $135,000.00 following gastric bypass surgery injury

PUBLISHED 02 Mar 2017

This matter involved a middle aged hunter valley woman who suffered abdominal injuries as a result of a poorly performed procedure by a surgeon.

In this case, our client had suffered from obesity for some time and, on the advice of her doctor, agreed to have her gastric band removed and replaced with a gastric bypass. During this surgery she suffered from a bowel perforation which was not diagnosed by the surgeon. Following surgery her condition quickly deteriorated and she was urgently rushed in for life saving surgeries over the following two days.  

As a result of the perforation she suffered during her surgery, not only was our client’s life put in danger, but she had to undergo two further surgeries and was left with permanent damage to the external and internal structures of her abdomen.

She approached Gerard Malouf and Partners where Christine Beshay, an accredited specialist, took carriage of her matter. Mrs Beshay decided to approach the case from the basis that even if the perforation was an accepted risk of the surgery, it should have been promptly diagnosed. This suspicion proved correct after briefing an expert surgeon to provide an opinion as to the treatment provided to our client. Armed with this opinion confirming negligence, Mrs Beshay commenced proceedings in the district court of NSW and began to gather evidence to determine the consequences our client would face into the future as a result of this negligence.

As part of this process Mrs Beshay briefed a senior barrister, with expertise in medical negligence and in an attempt to resolve these proceedings rapidly, Mrs Beshay urgently obtained all relevant evidence and the opinion of a highly regarded, expert psychiatrist.

During the informal settlement conference, Mrs Beshay negotiated a settlement of around $135,000.00 for our client. Our client is very satisfied with these results and thanked Christine and her team for their efforts for taking on his matter and settling it so quickly.

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