Our client presented to the oral maxillofacial surgeon to have 4 wisdom teeth removed. After the surgical procedure, our client spent 3 days in pain and agony. He presented back to the oral maxillofacial surgeon. It was soon discovered that the oral maxillofacial surgeon had inadvertently fractured our client’s left mandibular angle intraoperatively during the removal of one of his wisdom teeth. This was the first basis on which the oral maxillofacial surgeon breached his duty of care to our client.
Our client subsequently required internal fixation for his mandibula fracture by way of plates and screws, which was also performed by the oral maxillofacial surgeon. However, this procedure was also inadequately performed as it did not provide the plaintiff with stable functional fixation. This gave rise to the second basis on which the surgeon breached his duty of care to our client.
As such, the plaintiff had to further undergo a supplementary intermaxillary fixation and the subsequent wiring of his jaws. This could have all been avoided if the defendant had acted in a competent manner in the management of our client’s subsequent fracture with the placement of fixation.
As a result of the subject negligence, our client required 2-months off work. He also sustained significant ongoing injuries and disabilities. He has been left with bilateral sore jaw muscles radiating into his temples and suffers from reduced sensation of his left lower lip and gums. The negligence has also interfered with our client’s engagement in basic day-to-day tasks. He struggles to speak clearly, has trouble brushing his teeth and cannot eat hard foods.
Our client also struggles to sleep at night due to dental pain and must now take pain reducing medication for life.
The post-surgical complications have also taken a huge psychological toll on our young client.
We briefed an expert oral maxillofacial surgeon in Melbourne who provided us with his opinion on the matter. Breach of duty of care was clear and we commenced formal legal proceedings in the County Court of Victoria.
Our skilled and experienced lawyers at Gerard Malouf & Partners recognize that a person’s world can be turned upside down because of the negligence of medical practitioners. That’s why our lawyers are committed to fighting to the end to achieve the best possible results for our clients.
Negligence is a failure to exercise the care that another in the same position would prudently exercise. The harm caused by negligence is considered to be due to carelessness, rather than a specific intent or determination to cause harm.
While negligence can include misconduct in a variety of circumstances, malpractice is reserved for professionals who fall grossly short of their obligations — and harm others in the process. As a result, malpractice is often called “professional negligence”. If a licensed professional (such as a doctor, lawyer, or accountant) fails to provide the accepted standard of care and subsequently causes harm to the plaintiff, this form of negligence may be known as malpractice.
Medical malpractice is specifically used in reference to medical workers who have committed acts of negligence.
Demonstrating that a doctor fell short of their duty of care can be a challenging process. While most doctors try their best to correctly diagnose conditions and provide timely medical treatment, they can’t always be right. In every state, protections are in place to shield practitioners from some litigation. These give practitioners peace of mind on the job and protect hospitals that are doing their best with limited resources. However, these laws also set the bar for receiving compensation incredibly high.
Overall, to win a favorable judgment, you must be able to prove Duty, Breach and Damages.
If you have been injured or an existing condition has got worse following a medical procedure, or even just a visit to the doctor, then you may have been the victim of medical negligence and you may be eligible to make medical negligence claims against the professional who caused your injury.
If you can first show that you have suffered harm, and secondly, that a medical professional failed in their duty of care towards you then you may be entitled to compensation.
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In the spirit of reconciliation GMP Law acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea, and community. We pay our respects to their Elders past, present, and emerging, and extend that respect to all Aboriginal and Torres Strait Islander peoples today.
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