Medical Negligence Infection Claim Successfully Resolved

PUBLISHED 24 Apr 2020

Our client was a young hairdresser living on the Central Coast of New South Wales when he suffered a small cut on the end of his thumb.

He did not think much of it and carried on with life until a few weeks later the wound looked a bit nasty. He went to the local doctor and was given antibiotics by the GP. After several days he returned to the GP with a wound that was not much improved. The GP did not refer him to the hospital.

Several further days later our client was forced to go to a hospital due to increasing pain, and ultimately required partial amputation of the thumb tip, leaving only a small portion of the thumbnail intact.

At first glance, it could have appeared as though the GP, in prescribing antibiotics and tending to a not particularly large wound, had conducted themself reasonably. Having been involved in countless claims involving infection and infectious diseases, we are aware that there are many potential bases for mistakes or negligence that lead to injuries  – whether through prescribing the wrong antibiotic or failing to refer early enough to surgically remove infected tissue, or not responding to signs that the infection is not improving and referring a patient for intravenous medication.

We took on the claim and obtained all the background treating material. We then briefed an eminent infectious diseases expert to provide a report about the point in time when the infection from which our client suffered was preventable such as to avoid her losing her thumb. Once we knew the point in time when our client’s thumb could be saved, we worked backwards in determining whether the hospital and/or our client’s GP was in control of her treatment at that time, and obtained reports indicating whether any treatment was negligent.

We obtained positive expert evidence from another doctor, and filed Court proceedings. The GP’s insurer responded with expert evidence that said that there was no negligence and that if there was, any such negligence did not cause the partial amputation of the thumb.

Being experienced practitioners, we knew that our evidence was probably more convincing than that of the defendant GP. We prepared our client’s case thoroughly and attended mediation, where we drove a hard bargain on our client’s behalf.

Though we were ready and able to bring proceedings to a trial in Court as required, our client was fortunate that a very good settlement was able to be reached.

The result our client achieved would have been unlikely to be beaten after any trial. Because a trial was avoided, our client was able to maximise his compensation and minimises legal fees, and we were very pleased that he obtained a very good outcome.

As a firm that has a large team that practices exclusively in medical negligence, public liability, personal injury, medical negligence, and air carrier’s act cases on the Central Coast and around Australia, we understand how to maximise compensation, and have the skill and experience to achieve that.

If you, a family member or friend has been the victim of a car accident, a fall or shopping centre injury, medical mistake or negligence, or injury on an airline, and a permanent injury, disability or death has resulted, bringing a claim through 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 and Queensland. 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.