Medical Negligence – $230,000 settlement for client after surgeon causes serious injury

The facts:

Our client, a retiree, underwent an operation at the hands of the defendant. Following this operation, our client was initially well, however she soon developed serious complications and ultimately underwent a second operation in order to determine the source of her ongoing complications. During this second operation, it was discovered that our client had suffered a bowel perforation during her initial surgery by the defendant.

The injuries:

Following her second surgery, our client remained on life support in intensive care for several days, before ultimately being released from hospital several weeks later. Following her release, however, she continued to suffer from the injuries, which prevented her from undertaking any of her usual activities. She became essentially bed ridden for several months, following which time she continued to suffer from ongoing pain and weakness that interfered with her ability to take care of herself and undertake domestic tasks, as well as severe abdominal scarring. As a result of her severe physical injuries, our client also developed psychological problems.

Our strategy:

In order to bring a claim for medical negligence against the doctor who performed the surgery, our client first had to establish that her treatment was negligent by obtaining an expert report on liability. Following consultation with a highly regarded Professor of Surgical Oncology, proceedings were commenced in the New South Wales Supreme Court. In its response to the claim, the defendant failed to admit breach of duty of care, and the case was strongly defended. Despite this, however, Monaco Solicitors was able to obtain a court order for the matter to be mediated shortly thereafter, and the matter was ultimately resolved on a confidential basis for a substantial sum. As a result of this settlement, our client was spared the ordeal of a Supreme Court trial and was able to recover compensation for her injuries in a much quicker time than had the matter progressed to trial.

The result

Our client was extremely pleased with her settlement of $230,000, which included compensation for her pain and suffering, as well as her past and future out of pocket expenses and need for domestic assistance and care.

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