Our client was admitted to his local hospital to undergo an elective procedure. It was known to the Hospital that our client had underlying issues with his right shoulder and required care when positioning. Shortly after surgery, nursing staff attempted to have our client sit up on his bed by grabbing our client’s hand around his wrist and pulling him up. Our client experienced increasing pain in the right shoulder immediately and heard a pop. Shortly thereafter, it was confirmed that our client had sustained a full thickness supraspinatus tendon tear which required our client to undergo surgery to repair the cuff.
Following the incident, our client continued to suffer from chronic pain and limited range of movement. Seeing the devastating effects of his injuries on his quality of life, our client sought expert advice and assistance from the no win no fee lawyers at Gerard Malouf and Partners.
Following the incident, our client continued to suffer from chronic pain and limited range of movement. Seeing the devastating effects of his injuries on his quality of life, our client sought expert advice and assistance from Gerard Malouf and Partners.
Solicitor Susan Newman took on this case and argued on behalf of her client that the hospital was negligent for the technique used by nursing staff to re-position her client. Ms Newman also argued that despite her client having pre-existing degenerative rotator cuff changes, it was likely but for the incident in the hospital that this pre-existing condition would not have developed into a full thickness rotator cuff tear requiring surgical repair. We obtained expert opinion in support of this argument. On the basis of this expert evidence, we were able to commence proceedings against the local health district.
While some resistance to the claim was initially pressed, we were able to enter into settlement negotiations between the parties by way of a mediation. Ms Newman and her team, including an expert barrister, negotiated a settlement of $340,000.
At Gerard Malouf and Partners, 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 and Partners on 1800 004 878.
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In the spirit of reconciliation GMP Law acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea, and community. We pay our respects to their Elders past, present, and emerging, and extend that respect to all Aboriginal and Torres Strait Islander peoples today.
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