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Estate of a Goulbourn woman receives $125,000 settlement for medical negligence

Case Overview
  • Our client was admitted to her local hospital with acute appendicitis where she underwent an emergency appendicectomy.
  • After surgery, our client noticed that her dental plate was missing, and an x-ray of her neck confirmed the presence of her plate above her larynx.
  • Ms Newman and her team, including an expert barrister, negotiated a settlement of $125,000.

 

Our client was admitted to her local hospital with acute appendicitis where she underwent an emergency appendicectomy. Prior to surgery, our client had expressed to staff that she had a partial dental plate and questioned whether or not it needed to be removed.

Upon awakening from surgery, she complained of pain in her throat and began to vomit blood during recovery. Shortly thereafter, our client noticed that her dental plate was missing, and an x-ray of her neck confirmed the presence of her plate above her larynx.

This required our client to return to the hospital so that the plate could be retrieved.

“Following the incident, our client continued to suffer both physically and psychologically due to ongoing pain associated with her throat and discomfort when swallowing.“

Susan Newman
Our Approach

Following the incident, our client continued to suffer both physically and psychologically due to ongoing pain associated with her throat and discomfort when swallowing. Seeing the devastating effects of her injuries on her quality of life, our client sought expert advice and assistance from Gerard Malouf & Partners (GMP Law). 

Solicitor Susan Newman took on this case and argued on behalf of her client that the hospital was negligent for failing to remove our client’s denture prior to surgery. Such a mistake had resulted in an injury to her client.

We obtained an expert opinion in support of a failure by the anaesthetic registrar to remove our client’s dental plate prior to surgery. On the basis of this expert evidence, we were able to commence proceedings against the local health district. 

Unfortunately, our client passed away shortly thereafter due to unrelated causes and as such, a decision was made to continue the proceedings on behalf of the deceased’s estate.

While some resistance to the claim was initially pressed, we were able to enter into settlement negotiations between the parties by way of mediation. Ms Newman and her team, including an expert barrister, negotiated a settlement of $125,000. 

At GMP Law, we pride ourselves on assisting those who are mistreated, misdiagnosed and inadequately cared for by the health system.

For free over-the-phone advice or to take advantage of our free face-to-face consultation, call Gerard Malouf & Partners at 1800 004 878. Ask to speak with one of our experienced medical negligence lawyers or fill out an email enquiry form.

The Result

Ms Newman and her team, including an expert barrister, negotiated a settlement of $125,000.

Susan Newman

Senior Associate
Gerard Malouf & Partners were amazing with my claim. Susan … listened to me and explained each step, they were extremely patient with all my questions. The end result was more than expected. …… Would definitely recommend GMP for your claim
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At GMP Law, we have extensive experience in class action lawsuits, amplifying the voices of individuals who have experienced similar harms or losses.
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Gerard Malouf & Partners have provided friendly, experienced legal advice to communities across Australia for over 35 years. Our Personal Injury Lawyers have taken on ten’s of thousands of cases and we are proud to have won billions of dollars for our clients.
Lawyers
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.
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Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.

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