Sydney surgeon’s negligent foot surgery results in $250,000 settlement for GMP client

PUBLISHED 08 Jun 2016

Our client, a single mother of two children, consulted a specialist foot surgeon in the Sydney CBD for treatment in 2011. She sought treatment in relation to sharp, electric shock-type pain in her toes caused by neuromas in her feet.

The surgeon recommended that our client undergo an osteotomy procedure which involved the removal of bone. Another doctor had previously recommended a neurectomy as treatment, however our client opted to undergo the osteotomy as the surgeon had informed her that she would be able to walk immediately after the procedure. This appealed to our client as she needed to be able to walk to continue looking after her two young children.

Our client underwent the osteotomy and returned for a follow up a few days later. When the bandages were removed from her feet our client realised that something had gone wrong. Her toes were sticking up and her feet looked deformed.

The botched surgery left our client with constant pain in her feet. She was unable to exercise or engage in outdoor activities. She was also unable to wear high heels or any type of closed shoe. She was embarrassed by her feet and struggled with going out as she could only wear thongs. This was especially hard for her previous passion had been designing and selling her own shoes at local markets.

Our client came to Gerard Malouf and Partners to see if she could recover any compensation for the damage caused by the surgeon’s medical negligence.

In a medical negligence case it is necessary to obtain a report from an expert doctor in the field which supports the allegation of negligence. We briefed an Orthopaedic Surgeon who specialises in foot and ankle trauma to look over our client’s case and provide a report. Based on his supportive report we commenced proceedings in the District Court to recover compensation for our client’s loss.

We also sent our client to be reviewed by a Rehabilitation Specialist, Occupational Therapist and Psychiatrist. These experts provided us with reports which detailed the ongoing injuries and disabilities suffered by our client. Such reports are invaluable evidence necessary to support a medical negligence claim and to quantify the damage suffered by our clients.

Gerard Malouf and Partners then engaged in settlement negotiations with the solicitors for the Defendant doctor, while simultaneously preparing for Hearing. Ultimately the parties were able to come to an agreement and our client accepted a $250,000.00 settlement. This was a great outcome for our client who avoided the stress, time and expense associated with proceedings all the way to a Hearing.

Medical negligence claims are complex and often involve multiple expert doctors with differing opinions. If you have suffered damage as a result of medical negligence you need to speak with an experienced solicitor who understands the intricacies these claims. Contact Gerard Malouf and Partners for a free consultation with one of our Accredited Specialist Medical Negligence solicitors.

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