Patient receives a six figure injury settlement after falling in a private hospital in Sydney

PUBLISHED 29 May 2015

We acted for an elderly lady who sustained an injury when she fell to the ground while leaving a private hospital in Sydney following day surgery.

Our client alleged that prior to discharge, she was not properly monitored or checked and she was discharged too early and not into a family member’s care. Our client attempted to walk out of the hospital unassisted and during the process, she felt faint and fell heavily to the ground landing heavily on her right shoulder, sustaining a serious shoulder injury. As a result of the injury, our client underwent a rotator cuff repair to her right shoulder.

Our client suffered a great deal following the fall and injury. She suffered from constant pain and discomfort, restricted mobility in her shoulder and arm and she began suffering from depression due to her inability to lead a normal life, particularly the life she lead prior to her fall and injury including her inability to play with and  interact with her grandchildren.

Our client instructed our firm to act on her behalf in pursuing her medical negligence claim against the hospital responsible for her injury and damages. Our client instructed Gerard Malouf & Partners as we are a specialised medical negligence and personal injury compensation law firm that is both small enough to care,  yet large enough to have solid financial, medical and expert resources to match the defendant hospitals and insurance companies to win her medical negligence injury claim.

Upon taking up carriage of the matter, our medical negligence specialised team started working on investigating the matter. We requested our client’s clinical records and briefed one of our medical experts to provide us with an opinion as to whether the hospital was negligent, particularly whether the hospital in question breached their duty of care that they owed our client. We obtained medical expert opinion to confirm that proper procedures in terms of mitigating the risk of patients falling had not in fact been undertaken by the hospital staff and therefore we were able to establish on our evidence that the hospital was negligent.  We later obtained medical expert reports from various experts to ascertain the extent of our client’s injuries, loss and damages in terms of both her physical limitations and emotional difficulties.

After we obtained our evidence, we filed legal proceedings in court against the hospital. We claimed damages on behalf of our client for her pain and suffering, past and future medical expenses and past and future care and assistance.

We ultimately proceeded to a Mediation with the solicitors for the Hospital where we had settlement discussions and we negotiated the best possible outcome for our client. We were able to reach an early and favourable resolution, with the matter resolving for over $100,000 including legal costs.  Our client was very happy with the result and the service provided by Gerard Malouf & Partners.

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