Case Overview
- Our client’s initial surgery left her with bilateral vocal chord palsy and loss of function to her laryngeal nerves, leading to the loss of our client’s voice.
- Our client’s husband also began to exhibit signs of psychological injury seeing the devastating effects of the injuries on their quality of life.
- Our clients received $1.2 million and a $50,000 settlement.
Our client underwent a total thyroidectomy by an ear, nose and throat surgeon. Immediately after the surgery, she began to experience mild laryngeal spasms followed by impaired breathing which was incredibly distressing to her.
A decision was made for our client to undergo further surgery where a tracheostomy was carried out. She was subjected to further surgical procedures before finally being discharged home. The initial surgery left her with bilateral vocal chord palsy and loss of function to her laryngeal nerves, leading to the loss of our client’s voice.
Following the incident, our client continued to suffer physically and psychologically. Our client’s husband also began to exhibit signs of psychological injury seeing the devastating effects of the injuries on their quality of life.
Our clients sought expert advice and assistance from Gerard Malouf & Partners (GMP Law).
“Solicitor Susan Newman took on the case, which included a nervous shock claim for our client’s husband and the medical negligence that left our initial client mute.“
GERARD MALOUF & PARTNERS
Our Approach
Solicitor Susan Newman took on the case, which included a nervous shock claim for our client’s husband and the medical negligence that left our initial client mute. Newman argued on behalf of her clients that the surgeon was negligent for failing to advise and warn our client of the risks and benefits of proceeding with the initial surgery. Additionally, here argument noted that the manner in which the surgery was conducted, was done below an expected standard of care. Such a failure resulted in serious and devastating injuries to our client, including psychological harm to her husband who sustained a psychological injury.
We obtained an expert opinion in support of a failure by the surgeon to adequately warn our client of the risks associated with the initial procedure. Newman also gathered expert psychiatric evidence to demonstrate that our client’s husband was suffering from a recognised psychiatric condition that was attributable to the subject incident. On the basis of this expert evidence, we were able to commence proceedings against the surgeon.
While some resistance to the claims 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 $1.2 million for her client and $50,000 for her husband.
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 GMP Law on 1800 004 878 or fill out an enquiry form to contact one of our experienced medical negligence lawyers.
The Result
Ms Newman and her team, including an expert barrister, negotiated a settlement of $1.2 million for her client and $50,000 for her husband.
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.
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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 favorable judgment, 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.
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