Young woman receives $90,000 in compensation due to rural hospitals negligence

PUBLISHED 20 Apr 2016

This is a case involving the failure by a NSW Rural public hospital’s medical officers to conduct appropriate radiological studies and investigations in treating our client’s scaphoid fracture which resulted in a delay in proper treatment of our client’s injury.  This matter was settled for $90,000 against the hospital.

Our client was 16 years of age when she fell from a horse and suffered an injury to her right hand and wrist.  Three days after the accident, she presented to the rural hospital with complaints of increasing right wrist pain. Notwithstanding our client’s complaints and factual circumstances of the accident , a medical staff failed to identify, diagnose and treat our client’s injury.

Subsequently a few years later our client underwent an X-ray at the same hospital due to onset of pain in her wrist/hand.  The treating doctor at the time was informed of the investigation’s findings that our client was at risk of having suffered an undiagnosed fracture.  Despite such findings, the treating doctor advised our client that she had not fractured any bones, and that she should just strap her wrist and she was later discharged without obtaining a CT scan.

Following the discharge, our client still experienced a degree of continuing pain and restriction of movement.  Approximately 18 months later our client presented again to the hospital when she experienced increasing right wrist pain with physical duties.  She immediately underwent a CT scan which reported a transverse fracture through the mid pole of the scaphoid bone with pseudo-articulation, a subchondral cyst, slight sclerosis with probable early AVN changes indicating non-union of the scaphoid bone with pseudo arthrosis.  As a result, our client had right wrist and scaphoid surgery.

The hospital’s failure to diagnose, treat our client those several years earlier led to our client suffering carpel tunnel syndrome, increased susceptibility to osteoarthritis along with other emotional and physical injuries to our client.  Feeling aggrieved, but unsure what to do, our client approached Gerard Malouf & Partners to consider whether or not the hospital had negligently managed his mother’s case.  Julie Baqleh, a senior solicitor with many years of experience in medical negligence competently handled this matter with a sole purpose of seeking compensating for our client for her injuries.  Ms Baqleh along with our highly experienced and specialised medical negligence team of medical experts and barristers immediately obtained the requisite evidence and medical expert reports and opinions.  After thoroughly reviewing both the evidence and reports, Ms Baqleh and her team were able to establish that the hospital had clearly failed to advert to the risk of, and exclude, scaphoid fracture in circumstances highly suggestive such fracture and fell short of the standards of care expected to be carried out by competent professional practice.

Ms Baqleh together our specialist Barrister were able to achieve a compensation settlement $90,000 for our client

She was very satisfied with this result and thankful for Gerard Malouf & Partners’ efforts in settling the matter quickly.

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