Case Overview
- Our client went to the doctor for pain and swelling in his lower leg, yet was not given any diagnosis or tests.
- Months later, his lower leg needed to be amputated due to sub-acute thrombosis causing stenosis.
- Gerard Malouf & Partners worked to earn his medical negligence compensation for misdiagnosis which resulted in $1 Million in damages.
Our client attended his general practitioner (GP) following the development of symptoms relating to his leg. He presented with pain and swelling to the ankle, foot and lower calf muscle. He did not have any previous injury that may have explained these symptoms. After the medical professional looked over the leg, our client was not referred for tests or recommended to see a suitably qualified vascular surgeon.
Our client’s condition continued to worsen. A few months later, he went to his local hospital where a vascular duplex scan found our client had sub-acute thrombosis which caused stenosis. His leg could not be saved, and he underwent a below-the-knee amputation.
As a result of this devastating course of events, our client contacted Gerard Malouf & Partners to commence a claim against his GP for failing to ensure that he received time-critical treatment.
“Our client contacted Gerard Malouf & Partners to commence a claim against his GP for failing to ensure that he received time-critical treatment.“
Julie Baqleh
Our Approach
We received reports from a vascular surgeon who indicated that earlier treatment would have saved our client’s leg. We also obtained a report from an expert general practitioner who advised that a reasonable GP would have arrived at the correct diagnosis with an appropriate clinical examination and a timely referral for specialist review.
We also obtained reports from a vocational expert, occupational therapist and a psychiatrist who opined that our client required significant care and assistance due to his injury. They postulated that our client was suffering from mental distress and physical pain as a result of the incident.
Our skilled and experienced lawyers at Gerard Malouf & Partners recognise that pain and suffering caused by negligence have a significant impact on an individual. We filed the claim against the GP and helped our client win coverage for his injuries both in the past and the treatment he’ll need now and in the future.
If you have an enquiry in relation to a potential medical negligence claim, please call us on 1800 004 878 and speak to one of our medical negligence lawyers for a no-obligation consultation on your case or fill out an enquiry form.
The Result
Our client received $1 Million damages following the loss of his leg due to negligence of his general practitioner.
Julie Baqleh
Partner
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 favourable 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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