Brisbane woman successfully sues surgeon for an unnecessary surgery after lap band surgery

Published 16 Aug 2017

Our client underwent a lap band surgery in 2005 under the hands of a surgeon. The procedure failed to adequately control our client’s weight and therefore the surgeon advised him to undergo a laparoscopic gastric bypass in 2009.

Unfortunately, our client developed post-operative complications which required further surgical management. After further procedures in September 2012, it was found that one of the revision surgeries was performed in circumstances where it was not necessary to do so.

The surgeon erred in performing the surgery and exposing our client to the risk of complications from such a surgery. He had also failed to recognise that there was a restriction in the blood supply to the bowel as a result of one of the procedures. This resulted in inflammation of the membrane lining of the abdominal wall as well as a serious bacterial infection.

The individual, who underwent these subsequent injuries, came to Gerard Malouf & Partners Compensation Lawyers frustrated at the fact that he underwent so many surgeries that resulted in the onset of infections, abdominal pain, vomiting and further ongoing injuries.

Our experienced medical negligence solicitor, Mr Leslie Abboud, investigated the matter on a No win-No Fee basis. He was able to request the clinical notes from the hospital in question, identify the relevant negligent acts and prepare a viable case.

Mr Abboud filed the matter in the District Court after he engaged with experts as to the opinion of our client’s need for ongoing medical expenses, treatment for psychological injury and future care. He also accounted for our client’s ability to work in the future when considering the damages the client incurred as a result of the surgeon’s failures. Mr Abboud was able to settle our client’s case at mediation for a sum of $300000.

Gerard Malouf & Partners Compensation Lawyers has a number of experienced medical negligence lawyers who can assist you. We invite you to contact us on 1800 004 878. Please note that claims are subject to limitation periods and therefore it is important to seek legal assistance as soon as practicable.

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