On 23 May 2011 Mr Leslie Abboud, senior medical negligence solicitor at Gerard Malouf & Partners, was contacted by a young mother with concerns about her infant daughter who needed our specialist expertise in medical malpractice.
The young mother explained that during her pregnancy she underwent ultrasound examination for the purpose of first trimester screening in November 2008. In January 2009, at 21 weeks and 1 day gestation, she went for further ultrasound for the purposes of mid-trimester foetal morphology assessment. Six months later, in June 2009, she gave birth to a daughter who was born with gross disabilities including a cleft lip and palate, anophthalmia, a right talipes equinovarus and hip dysplasia.
Mr Abboud requested all the required medical records, including antenatal and neonatal records. After a thorough review of the medical records and extensive medical research, Mr Leslie Abboud retained the services of no less than six highly regarded medical specialists and found where the malpractice took place.
Mr Abboud mounted medical negligence proceedings for the baby’s parents. Mr Abboud opined that during the ultrasound in January 2009 the technician did not obtain an appropriate image of the baby’s face. In not obtaining a complete image of the baby’s face, the ultrasound technician committed medical negligence by failing to detect the baby’s significant foetal abnormalitries, including bilateral cleft lip and palate, hypertelorism and anophthalmia. Based on the medical evidence, Mr Abboud determined that should these significant defects have been detected, the doctors caring for the young mother during her pregnancy would have recommended terminating the pregnancy as an option. The young mother would have sought termination rather than bring a child into the world who would suffer a short and very painful life of agonizing medical procedures and complete reliance on intrusive medical equipment to survive.
By orders of the Court the parties, which included four Defendant’s, participated in a medication in March 2014. Senior Counsel and Counsel, instructed by Mr Abboud, put forward our clients’ strong position to the Defendants. Despite not settling at the Mediation, the matter was resolved soon after, to the satisfaction of our client, for $5,000,000 inclusive of costs.
Whilst this money can never make up for the pain and suffering that our clients’ child has and will endure for the rest of her life, it will assist her parents to provide her with all the medical treatment and equipment required to give her the best quality of life possible.
We are a highly focused and specialised law firm being small enough to care, yet large enough to have solid financial, medical and expert resources to match the big defendants and insurance firms. Our “no win no fee” arrangements and written guarantee to reduce fees in the unlikely event of a poor result is unmatched in the legal industry Australia-wide.