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A Man Receives $425,000 in Compensation Following an Injury to His Right Leg

Case Overview
  • Our client lost balance and a stationary motorbike fell on top of him, injuring his right leg.
  • When he visited the hospital, he was misdiagnosed which later turned out to be right foot drop and peroneal nerve palsy.
  • Gerard Malouf and Partners successfully negotiated a large compensation payout of $425,000 for our client.

This matter began for our client in July 2018, when he lost his balance at a random breath test and his stationary motorbike fell on top of him, injuring his right leg. At this time, he was being treated with anticoagulants for a cardiac condition.

In February 2019, our client attended physiotherapists, and at the conclusion of a massage, he experienced extreme pain down his right leg from his knee to his ankle. The following day, he presented to the Defendant hospital with back pain and right leg symptoms. He was seen, misdiagnosed and discharged home. He visited the hospital again the following day and was diagnosed with foot drop with unknown cause. He was discharged again, and drove home. On his way home, he crashed his car, having lost sensation in his right foot. He returned again to the same hospital on the even date.

When he was seen the next morning, the misdiagnosis was recognized and our client was referred to another hospital, with a diagnosis of right foot drop and peroneal nerve palsy. He contacted Gerard Malouf & Partners, seeking some relief for the unfortunate situation he had found himself in.

“The condition was attributed to a delay in the diagnosis of lateral compartment syndrome. The Plaintiff continued to suffer from foot drop and damage to the peroneal nerve as a result of the misdiagnosis.”

Keegan Behrens
Our Approach

This matter was handled by Mr Keegan Behrens, an experienced Medical Negligence Solicitor with the firm. Mr. Behrens and his team worked tirelessly, obtaining all the client’s clinical records and drafting detailed letters of instruction to a variety of experts, seeking their opinions on the matter. Mr. Behrens obtained from several eminent experts, including a general surgeon, orthopaedic surgeon, and emergency department specialist, who all opined that a fasciotomy could and should have been performed in a timely fashion, and if it had occurred, our client would not have suffered from foot drop and permanent damage to the peroneal nerve.

The Result

The matter ultimately proceeded to mediation, where Mr. Behrens and our expert barrister successfully negotiated a large compensation payout of $425,000.

Keegan Behrens Compensation Lawyer No Win No Fee

Keegan Behrens

Senior Associate
It always seems impossible until it’s done.
Frequently Asked Questions

More Information

Negligence is a failure to exercise the care that another in the same position would prudently exercise. The harm caused by negligence is considered to be due to carelessness, rather than a specific intent or determination to cause harm.

While negligence can include misconduct in a variety of circumstances, malpractice is reserved for professionals who fall grossly short of their obligations — and harm others in the process. As a result, malpractice is often called “professional negligence”. If a licensed professional (such as a doctor, lawyer, or accountant) fails to provide the accepted standard of care and subsequently causes harm to the plaintiff, this form of negligence may be known as malpractice.

Medical malpractice is specifically used in reference to medical workers who have committed acts of negligence.

Demonstrating that a doctor fell short of their duty of care can be a challenging process. While most doctors try their best to correctly diagnose conditions and provide timely medical treatment, they can’t always be right. In every state, protections are in place to shield practitioners from some litigation. These give practitioners peace of mind on the job and protect hospitals that are doing their best with limited resources. However, these laws also set the bar for receiving compensation incredibly high.

Overall, to win a favorable judgment, you must be able to prove Duty, Breach, and Damages.

If you have been injured or an existing condition has got worse following a medical procedure, or even just a visit to the doctor, then you may have been the victim of medical negligence and you may be eligible to make medical negligence claims against the professional who caused your injury.

If you can first show that you have suffered harm, and secondly, that a medical professional failed in their duty of care towards you then you may be entitled to compensation.


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Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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