We acted for a client who underwent an incisional hernia repair performed by a surgical registrar under the supervision of a specialist general surgeon. Following the surgery, our client suffered complications arising directly from the surgery that was performed. He was then required to undergo further surgery to drain a seroma which developed. A third procedure followed to close the abdominal cavity.
One month later our client was admitted to Hospital following a severe infection requiring urgent surgical intervention. The infection was associated with the surgical mesh placed over the hernia dissection. The issue primarily related to whether or not the infection was avoidable and what steps should have been taken when it became evident. Our client then sued for trespass to the person and battery, and for negligence.
The claim was defended by the Hospital. The Court held that the treatment fell short of the standard of a surgeon of ordinary skill and competence in failing to use negative pressure drains in the original repair of the incisional hernia, in failing to identify the mesh infection and treat it more aggressively at an earlier point. Substantial damages were awarded to our client.
If you have a claim against a Doctor, Hospital, Dentist or other medical provider you should seek legal advice as to your rights. In respect of pursuing a claim for compensation, strict time limits apply so you should seek advice without delay.
If you want to know where you stand in relation to a possible medical negligence claim please call Peter Moore, Medical Malpractice Solicitor of Brazel Moore Lawyers on 02 4324 7699.