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
Explore
More Case Summaries
John’s journey: Overcoming adversity to secure a $500,000 Total Permanent Disability (TPD) claim
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,
$500,000 Settlement Following Nerve Damage From Varicose Veins Treatment
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
Passenger Awarded $325,000 in Compensation Following a Car Collision
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
$440k Settlement for Cleaner Bitten by a Dog
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
Penrith Man Receives $250,000 in Compensation for Car Accident Injuries
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
Coffs Harbour Man Receives $1,900,000 in Compensation After a Motor Vehicle Accident
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