Case Overview
- Our client developed breast cancer after she got a late breast cancer diagnosis.
- 12 months after the initial visit were referrals made for further investigations when the breast lump had increased to the size of a tennis ball.
- Ms Newman and her team, including an expert barrister, negotiated a settlement of $350,000.
Our client presented to her general practitioner after noticing a lump in her breast. She was referred for an ultrasound and the radiologist reported the lump to be a complex cyst. Based on this reporting, our client’s general practitioner did not do any further investigations such as recommending a biopsy. It was only after 12 months that referrals were made for further investigations, but this time the breast lump had increased to the size of a tennis ball.
These further investigations revealed the mass to indeed be breast cancer. As a result of the delayed diagnosis, our client had to undergo a bilateral mastectomy and chemotherapy causing significant psychological harm to our client.
Seeing the devastating effects of the injuries on her quality of life, our client sought expert advice and assistance from GMP Law.
“As a result of the delayed diagnosis, our client had to undergo a bilateral mastectomy and chemotherapy causing significant psychological harm to our client. “
GERARD MALOUF & PARTNERS
Our Approach
Solicitor Susan Newman took on the case, arguing on behalf of her client that the radiologist should have reported the initial imaging as suspicious and should have recommended a referral for further testing.
Ms Newman also argued that her client’s general practitioner did not follow appropriate guidelines in respect of new breast symptoms by ordering a biopsy or aspiration, which if done, would have revealed cancer. We obtained expert opinion in support of this argument and on the basis of this evidence, we were able to commence proceedings against the radiologist and general practitioner.
At GMP Law, we pride ourselves on assisting those who are mistreated, misdiagnosed and inadequately cared for by the health system. For free over-the-phone advice or to take advantage of our free face-to-face consultation, call Gerard Malouf & Partners on 1800 004 878 and ask to speak with one of our experienced medical negligence lawyers or fill out the email enquiry form.
The Result
While some resistance to the claim was initially pressed by the defendant’s doctors, we were able to enter into settlement negotiations between the parties by way of mediation. Ms Newman and her team, including an expert barrister, negotiated a settlement of $350,000.
Susan Newman
Senior Associate
Frequently Asked Questions
More Information
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.
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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 favourable 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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