We were recently able to negotiate a settlement for a claim relating to a penile injury. In this case the plaintiff arrived at hospital with blood oozing from his penis. The attending doctors considered that the plaintiff was suffering an injury to his urethra, so the decision was made to place a urinary catheter and a compression bandage. The attending doctors then discharged the plaintiff from the hospital.
It was alleged by the hospital that the plaintiff was advised to return in 3 days. The plaintiff denied ever being told this.
We obtained expert opinions from two urologists. The first Urologist, preeminent expert, found that the attending doctors should not have discharged the plaintiff with a compression bandage in place, in fact, the expert urologist found that the compression bandage should have only been used for up to 2 hours, under strict medical supervision. We were confident that the plaintiff would be successful in establishing a breach of duty of care.Â
Despite the evidence served on behalf of the plaintiff, the defendant hospital did not admit it was at fault. The defendant hospital maintained is position not to admit fault even in circumstances where the defendant hospital did not serve any expert evidence denying the assertions made by the plaintiff’s expert.
We subsequently obtained reports from another urologist, to comment on the corrective surgery and ongoing urological treatment required by the plaintiff. We also obtained a report from a psychiatrist, commenting the significant psychological impact of the plaintiff’s ongoing injury has on his day-to-day life.
The defendant hospital relied on opinions from a urologist and a psychiatrist. In essence, the most significant aspect of dispute was whether the proposed corrective surgery which had been claimed on behalf of the plaintiff would be undertaken and/or effective.
The parties agreed to attend a Mediation prior to the hearing of the matter in the District Court. The Mediation lasted nearly the entire day, with a multitude of positions put by both parties.
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.
John’s Journey:Overcoming adversity to secure a $500k TPD Claim Jump to Result This image does not depict our actual client. John’s story In July 2017,
Case Overview Our client presented to a vascular surgeon, seeking treatment of her varicose veins in her right leg. Following the surgeon’s recommendation, our client
Case Overview A woman from Green Valley was a passenger in a car when the driver lost control of the vehicle, leading to a collision
Case Overview At the time of her injury, our client was working as a cleaner at a private residence in Kurrajong. During the course of
Case Overview We acted for a client from Western Sydney who was involved in a serious motor vehicle accident. The other driver collided into our
Case Overview We acted for a client from Coffs Harbour who was involved in a serious motor vehicle accident. The driver failed to give way
In the spirit of reconciliation GMP Law acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea, and community. We pay our respects to their Elders past, present, and emerging, and extend that respect to all Aboriginal and Torres Strait Islander peoples today.
Your location is currently:
