Case Overview
- Our client got into a severe skateboarding accident.
- Despite some surgeries, his shoulder only got worse after a surgical injury to the lower brachial plexus cord.
- The claim was settled for $300,000 at mediation.
Our client was skateboarding when he sustained an injury. He experienced an auto-reduced anterior dislocation of the right shoulder joint, a full-thickness tear with retraction of the supraspinatus and a full-thickness partial tear of the subscapularis tendon.
After the accident, he went to a public hospital but was referred to physiotherapy and was not assessed by the orthopaedic team until months later. By this time our client’s shoulder was unsuitable for arthroscopic cuff repair surgery due to the severity of the injury present.
Notwithstanding the above, our client underwent surgery on his shoulder which did not result in any improvement. To make matters worse, during the surgery, our client sustained an injury to the lower cord brachial plexus leaving a permanent neurological deficit in the arm – a “crab claw” with very little functional use.
“Mr. Recep Ayas, our medical negligence solicitor, was able to carefully review the clinical records to identify the relevant issues to support our client’s case.“
GERARD MALOUF & PARTNERS
Our Approach
There was a dispute between the parties as to whether the nerve injury was caused during the surgery or during the skateboarding accident. Mr. Recep Ayas, our medical negligence solicitor, had carriage of this matter. He was able to carefully review the clinical records to identify the relevant issues. He then obtained a report from a well-known and respected independent orthopaedic surgeon to establish a case of negligence.
The claim was settled for $300,000 at mediation.
This great result for our client serves as a testament to the hard work undertaken by Mr. Recep Ayas and GMP Law in fighting for our client’s rights and exceeding our client’s expectations.
If you have an enquiry in relation to a potential medical negligence claim, please call us at 1800 04 878 or fill out an enquiry form to speak to one of our medical negligence lawyers.
The Result
The claim was settled for $300,000 at mediation.
Recep Ayas
Associate
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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