Case Overview
- Our client was presented to the defendant’s hospital emergency department in early 2017 complaining of abdominal pain.
- Our client filed a claim against a hospital involving consequences of bowel perforation, peritonitis and fistula.
- We were able to settle the claim for $120,000 at mediation.
Our client was presented to the defendant’s hospital emergency department (ED) in early 2017 complaining of abdominal pain. After a minor examination, our client was discharged several days later without further investigation against the risk of undiagnosed diverticular disease.
In around early 2018, the plaintiff presented to the defendant’s hospital ED complaining of abdominal pain clinically suggestive of diverticular disease and peritonitis. Our client underwent a diagnostic laparoscopic procedure, converted to an open laparotomy and a small bowel resection. The defendant performed an unnecessary and inappropriate bowel resection and failed to provide the operating surgeon with the assistance of a consultant surgeon that specialised in diverticular disease.
The defendant alleged that the plaintiff had several unrelated conditions and issues.
Our client filed a claim against the hospital involving the consequences of bowel perforation, peritonitis and fistula. The medical issues were due to the progression of undiagnosed and untreated diverticular disease. Our client, the plaintiff, could have avoided these problems if reasonable medical professional precautions were taken, including a CT or MRI scan and/or diagnostic surgery leading to a definitive diagnosis and treatment plan.
“Our client, the plaintiff, could have avoided these problems if reasonable medical professional precautions were taken“
Christine Beshay
Our Approach
Despite the defendant’s claim of unrelated pain and suffering, we continued to investigate our client’s case. By persevering with the Plaintiff’s claim and fighting for a fair and just outcome, we were able to settle the claim for $120,000 at mediation.
This great result for our client serves as a testament to the hard work undertaken by Gerard Malouf & Partners in fighting for our client’s rights and exceeding our client’s expectations.
If you have an enquiry in relation to a potential medical negligence claim, please call us at 1800 004 878 or file an enquiry form to speak to one of our medical negligence lawyers.
The Result
By persevering with the Plaintiff’s claim and fighting for a fair and just outcome, we were able to settle the claim for $120,000 at mediation.
Frequently Asked Questions
More Information
Negligence is a failure to exercise the care that another in the same position would prudently exercise. The harm caused by negligence is considered to be due to carelessness, rather than a specific intent or determination to cause harm.
While negligence can include misconduct in a variety of circumstances, malpractice is reserved for professionals who fall grossly short of their obligations — and harm others in the process. As a result, malpractice is often called “professional negligence”. If a licensed professional (such as a doctor, lawyer, or accountant) fails to provide the accepted standard of care and subsequently causes harm to the plaintiff, this form of negligence may be known as malpractice.
Medical malpractice is specifically used in reference to medical workers who have committed acts of negligence.
Demonstrating that a doctor fell short of their duty of care can be a challenging process. While most doctors try their best to correctly diagnose conditions and provide timely medical treatment, they can’t always be right. In every state, protections are in place to shield practitioners from some litigation. These give practitioners peace of mind on the job and protect hospitals that are doing their best with limited resources. However, these laws also set the bar for receiving compensation incredibly high.
Overall, to win a favorable judgment, you must be able to prove Duty, Breach and Damages.
If you have been injured or an existing condition has got worse following a medical procedure, or even just a visit to the doctor, then you may have been the victim of medical negligence and you may be eligible to make medical negligence claims against the professional who caused your injury.
If you can first show that you have suffered harm, and secondly, that a medical professional failed in their duty of care towards you then you may be entitled to compensation.
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