Nowra Woman Receives $200,000 Settlement After Public Hospital Perforated her Bowel during Surgery

PUBLISHED 19 Apr 2016

Our client, a woman in her mid 40s had a long history of severe endometriosis and had previously undergone two laparoscopic surgeries for treatment.  Her symptoms however kept recurring.  Further surgery at a reputable public hospital was scheduled for the excisions of the endometriosis and adhesiolysis.

For the days following the surgery, our client exhibiting a distended stomach, general tenderness with no focus, as well as excess gas and was having difficulties with the opening of her bowels.  By the fourth day post-surgery, our client began complaining to hospital staff of severe abdominal pain to which Naprogesic and Panadol provided little to no relief.  It wasn’t until the fifth day where the hospital staff realised something was amiss and our client was diagnosed with a thickness rectal injury.  Our client was scheduled for an emergency Hartman’s resection to repair a perforation of the colon.  Our client suffered very real injuries as a result including pain, difficulties defecating, unable to pass flatus and even vomiting.

Our client came to Gerard Malouf & Partners who, on a no win no fee basis, took on her claim and investigated the cause of injuries.  At no cost to our client, the experienced and knowledgeable solicitors at Gerard Malouf & Partners, with the assistance of an expansive panel of experts, were able to establish the public hospital’s medical negligence in that they failed to properly monitor our client’s condition and respond to red-flag warnings in the pathology report.  The public hospital also failed our client by not investigating her symptoms by way of a CT scan, which, according to expert opinion, would have quite easily diagnosed the injury to her colon.  The correct diagnosis of this injury would have allowed for a primary resection with anastomosis rather than the Hartmann’s resection necessitating a stoma.

Through their thorough investigations, Gerard Malouf & Partners identified the hospital’s failures and the public hospital’s over-reliance on junior staff to manage her serious condition post-operatively.  Our client should have been reviewed and monitored more closely by a more senior Doctor.  Due to the public Hospital’s failure to properly care for our client, Gerard Malouf & Partners successfully negotiated a settlement at mediation whereby our client received compensation in the sum of $200,000 for her injuries, loss and damage.

Should you feel a Doctor or Hospital have failed to provide you with adequate care, please contact one of the expert solicitors at Gerard Malouf & Partners to investigate your potential claim for medical negligence on a no win no fee basis.

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