Our client was 7 weeks pregnant in April 2008 and she sought treatment at the Defendant Hospital. An Ultrasound was performed and the report indicated the pregnancy but there was no foetal heart movements. The Plaintiff was advised that this was considered an incomplete abortion.
A VMO at the hospital advised our client she should undergo a dilation and curettage operation, and she agreed. She was admitted and operated on a day later by a doctor hired by the Defendant Hospital. During the course of the Dilation and Curettage operation however, the Plaintiff suffered a perforated uterus and 15cm injury to her distal ileum with serosal tears. An immediate mini laparotomy and laparoscopic tubal ligation were performed.
She suffered injury to the bowel and uterus which necessitated further surgery. She also suffered restriction in movement, ongoing pain and psychological injury as a result.
Our client approached Mr Leslie Abboud of our office and his team of specialist medical negligence lawyers. With 30 years of experience, Mr Abboud investigated the dilation and curettage operation and tirelessly studied the clinical notes. He took the matter on a “no win, no fee” basis, which meant that we would not receive any legal fees from the lady unless a settlement was reached. It also meant that any reports or appointments our client was required to see would be paid upfront by Gerard Malouf and Partners.
Sure enough, after paying for the report of an expert gynaecologist, it was found that it was more likely than not that the doctor, on passing the forceps with a retroverted uterus, he may well have gone through the site of a previous Caesarean section. In so doing, and probably opening and closing the forceps, he caused significant injury to 15cms of bowel which was indeed a large injury. An appointment with a Psychologist and Occupational Therapist were also arranged for our client to establish the amount of loss and damage suffered by our client. All the upfront fees were paid for by our firm.
Upon receipt of this evidence, Mr Abboud and his team, quickly negotiated and settled upon an order outside of court for the defendant to compensate our client $200,000 worth of damages and costs due to the defendant’s negligence.
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