$50,000 settlement in medical negligence case for man’s estate after he passes away during his fight for justice

PUBLISHED 07 Apr 2020

This case involved a gentleman who became victim to medical negligence after he underwent surgery which was conducted without due care.

This man had a long-standing obstructive vascular disease of both legs, which was a known fact on his medical record. In 2017 this man underwent surgery related to a recent diagnosis of oesophageal cancer and suffered a stroke shortly after. This stroke resulted in ischaemia of his right leg. As a result, he had to have a second surgery to retrieve clots and his bypass graft was damaged and replaced. This surgery was conducted without necessary care and skill and he was reported to have critical limb ischaemia as a result, with blocked arteries. Post-operative treatment notes showed deteriorating circulation post-surgery, yet the hospital did not consider him as a candidate for operative intervention.

In January 2018, this man developed an ulcer about the right Achilles tendon and within a few more days he had a second ulcer and loss of sensation above the right knee.

By February 2018, this man had to get his right leg amputated.

Upon contacting Gerard Malouf & Partners, this man’s case was placed with our Accredited Specialist and Senior Associate, Jayne O’Sullivan. With numerous years of experience in medical negligence, this was a perfect fit.

Jayne immediately instructed a leading surgeon for an expert opinion on the matter. The Surgeon was supportive of the case and stated that if the Hospital had managed this man’s medical issues with due care and skill, he would not have lost his leg. This allowed Jayne and her team to ramp up the case and pursue justice for the wrongdoing.

Unfortunately, halfway through our client’s case, he sadly passed away. With the evidence we had gathered up to the time of death, Jayne committed herself to fight the case to the end and achieving justice for the deceased and his wife.

Jayne and her team continued to work the matter and received numerous other reports from leading experts in relation to the negligence surrounding the deceased’s initial claim. The case concluded with damages being awarded in favour of the deceased’s estate and we were able to receive settlement monies to go toward that estate for the family and loved ones.

This case was a bittersweet turn of events, but Jayne fought hard to make sure that justice was achieved despite the tragic circumstances.

At GMP we will continue to fight a claim where we can prove negligence occurred; even if our client is no longer alive to receive the settlement. Family of those harmed still deserve some justice for the wrongdoing of medical professionals. It is the least we can do to try and ease the pain in such a horrible time. The wife of the deceased was so grateful to Jayne and her team for providing her with a sense of justice and to honour her husband.

 

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