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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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An an American/Australian citizen, can I sue a surgeon

Customer Question

An an American/Australian citizen, can I sue a surgeon (again) who deliberately took me away from my surgeon of choice in Launceston, Tasmania (I have private health insurance)? My surgeon of choice was very angry at being taken away from me. As a result, the surgeon who bumped my surgeon of choice allowed a resident who was not legally licensed to operate on me while the other surgeon left the operating room. I found all this information from my surgeon of choice after the fact. As a result, I'm left with a collapsed right dominant thumb. This did go to mediation last May 21st with settlement of $245,000.00 by the State of Tasmania who admitted liability. My main problem is I never got to take the other surgeon to court..(he's still practicing surgery at LGH), I'm left with PTSD because of this illegal procedure, I live in constant pain and honestly don't feel I was compensated enough because the attorney who represented me bullied me and kept saying to me "this is not America and you're retired" and put so much pressure upon me.
The surgeon who took me away from my surgeon of choice told me in the anesthetic room my surgeon had an emergency surgery at another hospital which, I found not to be true. My surgeon of choice was scrubbing up to do my surgery when she was told she was not doing my surgery. I still become extremely upset when I think of this and still constantly in severe pain even though I did accept settlement from the state mainly because of my attorney bullying me and telling me if I didn't I wouldn't receive have of what was given to me.
Do I have any other legal recourse to sue the surgical consultant or do I have to sit and swallow it all while the State of Tasmania who represented the surgeon who deliberately took me away from the surgeon of my choice? I'm afraid to lose what I received monetarily and also that this case is most likely closed completely now.
Thank you for your gracious consideration.
Jo Turvey
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning,

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

What do you mean again? Have you already sued him?

Was the surgeon than bumped the surgeon of your choice part of a hospital and did his action result in a negligence claim and were you compensated?

Are you seeking to sue for the same negligence?

Who did you sue? And are you seeking compensation for the same injury?