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Woman Gets $287,500 in Compensation After A Misdiagnosis

Case Overview
  • Our client visited her general practitioner because she was experiencing pain in her left ankle in October of 2018.
  • Her Achilles tendon was chronically ruptured and inoperable by the time she was referred to an orthopedic surgeon.
  • The matter proceeded to an Informal Settlement Conference, where Mr. Behrens and his team successfully negotiated a settlement of $287,500.

Our client was experiencing pain in her left ankle. Several days later, she visited her general practitioner, complaining of left ankle, heel, and Achilles tendon pain. She was referred for an x-ray examination of the left heel after a preliminary diagnosis of Achilles tendinitis, with a differential diagnosis of the ruptured Achilles tendon.

The x-ray revealed prominent traction-related changes at the left Achilles tendon, a large plantar calcaneal spur and Achilles tendinopathy associated with traction-related changes and likely underlying plantar fasciitis. Several days after this, our client’s general practitioner administered a Depo-Medrol injection directly into her Achilles tendon. She was not warned of any associated risks, nor was her injury treated conservatively.

Our client again visited her general practitioner, complaining of ongoing discomfort in the left Achilles tendon, left ankle, and left heel. A further Depo-Medrol injection was administered. These two injections, unbeknownst to our client, placed her at serious risk of Achilles tendon rupture. Approximately 2 weeks later, our client was walking upstairs at home when she felt a popping sensation in her left Achilles tendon and extreme pain. Her Achilles tendon had ruptured and when she again visited her general practitioner, it had to be treated surgically. She was not referred for an examination or surgical intervention. By the time she was referred to an orthopedic surgeon, the Achilles tendon was chronically ruptured and inoperable.

Our Approach

Our client called Gerard Malouf & Partners seeking assistance for the unfortunate situation she had found herself in. This matter was managed by Mr. Keegan Behrens, a specialist medical negligence solicitor at the firm. He obtained evidence from an general practitioner and orthopedic surgeon that the defendant had breached his duty of care to our client and that this had caused her harm.

Our client was pleased with this outcome and will be able to use this compensation to try and move on with her life. Have you been a victim of medical negligence? Call Gerard Malouf and Partners today to speak to one of our expert solicitors.

The Result

The matter eventually proceeded to an Informal Settlement Conference, where Mr. Behrens and his team successfully negotiated a settlement of $287,500.

Keegan Behrens Compensation Lawyer No Win No Fee

Keegan Behrens

Senior Associate
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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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