Case Overview
- The deceased underwent a total left hip replacement. For the following four years, she experienced persistent pain and discomfort around her pelvic region.
- She asked for advice from a medical professional who identified a palpable mass but noted it was probably residual scar tissue or even a lipoma from her previous operation.
- Our client died from ovarian carcinoma, once diagnosed by a second doctor a year later.
In 2013, our client underwent a total left hip replacement. Post-operatively for the following 4 years, our client suffered pain and discomfort around her pelvic region.
In early 2017, she visited a doctor, the defendant, who identified a palpable mass but concluded that, without conducting adequate investigations, it was most likely residual scar tissue from the total left hip replacement. Under the assumption that there was nothing of concern, our client continued with her daily life.
In mid-2018, our client got a second opinion due to continuing discomfort. A CT scan confirmed that she was suffering from ovarian carcinoma. She sadly passed away from ovarian carcinoma cancer.
Our Approach
Due to the emotional distress caused by witnessing the passing of their loved one, the family of the deceased decided to commence legal proceedings seeking compensation.
We received reports from an oncologist and a gynaecologist as to whether the care and treatment provided to the deceased were appropriate. Both experts confirmed that the failure to conduct further investigations by the defendant was below a reasonable standard of care and led to the delay in diagnosing her cancer which resulted in its progression to the point where it was too late to treat.
For each of the family members, we obtained a psychiatric opinion to comment on the extent of the emotional distress that the incident caused. This enabled us to formulate a view as to the compensation amount of damages they could claim.
We were able to obtain a settlement of $110,000 in totality for the family.
At Gerard Malouf & Partners, we will seek compensation for any injury, both physical and emotional, that you suffer as a result of sub-standard treatment provided to yourself or someone close to you that causes injury.
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. You can also fill out an email enquiry form for your convenience.
The Result
We were able to obtain a settlement of $110,000 in totality for the family.
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 judgement, 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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