We acted for a client in his 60s who consulted his gastroenterologist and was admitted for an elective colonoscopy procedure at a local hospital in South West of Sydney. During the routine colonoscopy, our client sustained a serious injury to his spleen.
Our client alleged that during the routine procedure, the doctor was careless and he applied too much force (excessive traction) on the splenic flexure (the bends in the colon near the spleen) which resulted in our client sustaining a spleen rupture. It was not initially detected or diagnosed, despite our client’s complaints of extreme pain. Our client was discharged from hospital following the day surgery with no concern for his complaints.
Our client’s pain escalated and he became very ill. As a result our client attended the Emergency Department at his nearest hospital where he was diagnosed with a ruptured spleen. Unfortunately it was too late to salvage the spleen as the damage was excessive and as a result our client had to undergo a splenectomy, namely removal of his spleen. Our client required an extended hospital stay for multiple procedures and further surgeries to treat the damage.
As a result of his injuries, our client has suffered and continues to suffer with physical ailments including abdominal pain, nausea, drastic dietary restrictions, and difficulty consuming spicy, flavourful or even solid foods. Our client also suffered a psychological injury as result of all the sequelae and takes medications to help him deal with the depression and anxiety.
After receiving instructions to act, Gerard Malouf & Partners Medical Negligence Lawyers conducted thorough investigations into the matter and the doctor’s conduct, particularly the technique he applied during the colonoscopy. Gerard Malouf & Partners engaged an expert, who provided expert opinion that the doctor was in fact negligent and excessive force was used during the routine colonoscopy procedure that resulted in our client sustaining a ruptured spleen and eventually loss of a spleen. We later obtained medical expert reports from various doctors to confirm the extent of our client’s injuries, loss and damages.
We filed legal proceedings in court against the surgeon and claimed damages including pain and suffering and past and future medical expenses. We proceeded to mediation with the solicitors for the surgeon where we had settlement discussions. We ultimately reached a favourable resolution and the best possible outcome for our client with the matter resolving for over $170,000 including legal costs.