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
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.
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.
The process can be long, but the start can be found at an RCA (root cause analysis) which must be undertaken and can be discovered by obtaining copies of the medical notes at the institution where the unfortunate outcome occurred.
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