Case Overview
- Our client presented with a suspicious growth on his ear and was told by his plastic surgeon that it was not serious.
- By the time our client had the lesion removed, the cancer had spread and his entire ear needed to be removed.
- Gerard Malouf & Partners were of the opinion that the claim had merit and began to gather evidence to support our client’s claim.
This matter involved the conduct of a plastic surgeon, specifically whether their delay in providing a correct diagnosis had caused our client to suffer greater harm. Our client presented with a suspicious growth on his ear and was told that it was not serious and that he would organise to have it removed in a few months. By the time our client had the lesion removed, cancer had spread and his entire ear needed to be removed.
Our client approached Gerard Malouf and Partners to enquire whether or not he was entitled to compensation for the delay in making a correct diagnosis. Ray Abbas, Accredited Personal Injury Specialist, was of the view that this claim had merit and began to gather evidence in support of our client’s claim.
“Ultimately, the evidence was conclusive that the plastic surgeon had an unreasonably delayed diagnosis of our client’s melanoma and that this was inconsistent with peer professional standards.”
Ray Abbas
Our Approach
Mr. Abbas proceeded to brief an expert to provide their opinion on whether or not the plastic surgeon was negligent in delaying the diagnosis of our client’s melanoma. Ultimately, the evidence was conclusive that the plastic surgeon had an unreasonably delayed diagnosis of our client’s melanoma and that this was inconsistent with peer professional standards and therefore negligence was established.
In addition, we obtained evidence from an oncologist who confirmed that our client suffered serious adverse effects from the delayed diagnosis. Mr. Abbas, mindful of the issue of time delay, organised a mediation with the Defendant with the hopes of reaching a settlement that was acceptable to our client.
The Result
After negotiations, Mr. Abbas was able to settle this case for an amount of $450,000 in compensation.
Ray Abbas
Partner
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