Public Hospital Settles for $115,000 Following Medical Negligence During Colonoscopy

PUBLISHED 24 Feb 2016

Our client, a fifty eight year old Wee Waa husband and father of three, was, for all intents and purposes, a very healthy and fit individual. In fact, until this specific presentation to his local public hospital for a routine check-up and colonoscopy, our client had never been to a hospital for any purpose whatsoever. Unfortunately, his first presentation to this rural public hospital was almost his last as the surgeon performing the routine colonoscopy perforated his bowel. Although this perforation was inadvertent and accidental, the surgeon was medically negligent for having applied excessive force and/or looping of the bowel which caused our client significant injury.

Immediately after the routine colonoscopy, our client began experiencing immense pain in his stomach which radiated up through his shoulders. He was subsequently taken by ambulance to a larger, and better equipped, public hospital for emergency corrective laparoscopic surgery to repair the bowel perforation. Not only was our client forced to endure the original trauma and recuperation but, seemingly adding insult to injury, he also developed a severe abdominal infection which required treatment with an open would for several days. All told, because of the rural public hospital's medical negligence, our client required 16 days in the hospital to recover from what should have been a routine and uneventful colonoscopy.

Due to the traumatic experiences our client went through, not only does he face the physical ramifications of this hospital's medical negligence including, but not limited to, heightened risks of future bowel adhesions and obstructions, but he is also left to deal with the very real psychological impact of the trauma. He hadn't been the same since this experience and is now afraid of Doctors and Hospitals.  He became highly irritable, had lost interest in his usual everyday activities and hobbies and was having trouble sleeping; he didn’t know where else to turn.

Wisely, he turned to the solicitors at Gerard Malouf & Partners who were quick to appreciate and sympathize with the injuries he’d suffered at the hands of trusted medical professionals. Through the use of their expert medical expert doctors, the expert medical negligence solicitors at Gerard Malouf & Partners quickly confirmed the public hospital's operating surgeon had applied excessive force in performing the colonoscopy. Although medicine isn't perfect, and sometime bad things happen to good people, our experts were able to establish that, had the surgeon performed the colonoscopy with the level of skill and care acceptable by other surgeons, the injury suffered by our client would have been, on the balance of probabilities, unlikely to occur. Reason would indicate  the surgeon's actions could be considered nothing else but medically negligent.

Armed with our expert opinions and reports, Gerard Malouf & Partners left the public hospital with no other option but to acquiesce and admit they were now responsible for one of their surgeon's medical negligence. With no choice but to step up to the plate and negotiate, a settlement figure was agreed to that compensated our client for the injuries sustained. Gerard Malouf & Partners professionals were able to obtain a $115,000 settlement for our client, inclusive of costs, which has now provided him with closure to the unfortunate ordeal and so that he can move on, focusing on staying healthy and spending time with his family.

If you feel you are the victim of medical negligence, by your General Practitioner (GP), local hospital, or any other medical professional , don't hesitate to contact the medical negligence professionals at Gerard Malouf & Partners to discuss your concerns on a no win, no fee basis. If your treatment and care was not in accordance with peer rational opinion, Gerard Malouf & Partners solicitors will discover it and obtain you the compensation you deserve.

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