Our client was a 64 year old man who attended his GP in relation to lesions on his chest and above his right eye. His doctor performed a biopsy of the lesion above his right eye however the results did not reveal it to be cancerous. The doctor told him to keep an eye on the lesion and return if it became any larger.
Around seven months later our client saw another GP who did not examine the lesion and referred him to a dermatologist after our client requested a referral. Our client did not see the dermatologist for another four months. The dermatologist referred our client to a general surgeon but gave him no indication of the urgency of the situation. As a result our client did not see the general surgeon until over 6 months later when it was determined that the lesion was cancerous.
Due to the progression of his illness our client had to undergo surgery to remove the lesion and lost his right eye. He needed radiation, grafts and suffered from infections. The cancer was ultimately cured but he was left disfigured and with psychological damage as a result.
Our client came to GMP to see if he had any possible claim against the GPs who failed to diagnose his cancer and refer him to an appropriate specialist in a timely manner. We instructed an expert doctor to comment on the adequacy of the treatment provided to our client.
The expert identified failures on the part of both GPs in their duty of care to our client. The first GP failed to ensure that a proper follow up took place, while the second GP should have urgently referred our client to a surgical specialist. By not doing so there was a foreseeably unacceptable delay in diagnosing and treating of his cancer. Similarly, the specialist dermatologist should have urgently referred our client to a general surgeon and explained the serious risks of any further delay.
Based on our experts report we were able to commence proceedings in the District Court against the three doctors. We engaged an expert psychiatrist, oncologist and plastic surgeon to bolster our client’s case. The solicitors for the doctors also obtained expert reports. With the large amount of competing evidence on both sides we advised our client to attempt to negotiate a settlement rather than proceed all the way to a hearing.
All the parties engaged in a mediation however on that day we were not able to settle. We continued to negotiate with the other side’s solicitors until ultimately we were able to secure a settlement of $210,000. Our client was happy with this and glad to be able to move on with his life.
At Gerard Malouf and Partners our expert medical negligence lawyers are always willing to fight for our clients’ rights. If you feel like you have received inadequate treatment from a doctor or other medical professional we can help you – call today to discuss opening a file with us on a No Win No Fee basis.
