Surgical Error Due To Hysterectomy Results In Large Compensation Payout

PUBLISHED 14 May 2020

Medical negligence sometimes involves damage to organs or structures in the course of a necessary or lifesaving surgery. Gerard Malouf and Partners recently achieved success in a matter involving an elective hysterectomy.

Our client was experiencing symptoms that caused her to elect to have a hysterectomy. In the course of keyhole surgery, it was identified that she had large uterine fibroids and adhesions (tissue sticking 2 body internal body parts together that shouldn’t be there). Surgery in such circumstances was difficult, and when completed the doctor did not identify anything untoward as having occurred.

More than a week later our client started to become seriously unwell, and returned to the hospital. She was diagnosed with damage to her ureter, the structure that carries urine from the kidneys to the bladder. She had a ureter transplant and a difficult recovery over time, but a reasonable recovery nevertheless.

When approached by our client to assist her, we felt comfortable that we had seen many such cases involving adverse outcomes after obstetric and abdominal surgery, and knew the appropriate experts to involve in the case.

We took the case on a speculative basis and assessed the clinical notes. We briefed one of the top experts in the relevant field, obtained supportive evidence, and commenced the claim in court.

The defendant obtained its own evidence suggesting that the surgeon had made no error, and that the bad outcome that our client experienced was not the fault of any treating practitioner.

We fully prepared the case and attended mediation. The six-figure settlement sum that was achieved represents a significant amount for our client, who despite her injuries was able to continue working and looking after herself. In this case, as in many, it was important for our client to have the wrong done to her acknowledged by the defendant’s representatives. Where a case is prepared well such that an early settlement can be reached, it has the benefit of minimising legal costs and maximising the amount our client took home.

As a firm that has a large team that practices exclusively in medical negligence, air carrier’s act, public liability and personal injury cases, we appreciate the benefits in addition to monetary compensation that a successful claim brings.

If you, a family member or friend has been the victim of a medical mistake or negligence and a permanent injury or death has resulted, bringing a claim though Gerard Malouf and Partners is likely to bring you answers that you would never otherwise have received, compensation that you deserve, and a sense of closure.

Gerard Malouf and Partners Compensation Lawyers are the premier personal injury law firm in New South Wales, Queensland, and the east coast of Australia generally. We have assisted thousands of injured people in your position. So feel free to contact Gerard Malouf and Partners Compensation Lawyers for a no obligation discussion of your circumstances by calling 1800 004 878 or complete our email enquiry form on the website.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.