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The Case Breakdown of Emily’s Medical Negligence and Life-Altering Outcome

On a morning, Emily’s left leg suddenly collapsed and twisted beneath her, causing her to fall. She was rushed by ambulance to Toowoomba Base Hospital’s emergency department but was released the same day. When her symptoms persisted, her general practitioner referred her to Oakey Hospital’s emergency department for an MRI scan of her left knee. Unfortunately, the radiology department failed to identify and report a posterior dislocation of her knee joint, delaying urgent treatment.

This medical oversight led to the development of compartment syndrome, necessitating an above-knee amputation at a later date. Mediation attempts were unsuccessful, but the case ultimately settled for a substantial $2,250,000 to compensate for Emily’s life-altering injuries and the negligence she suffered.

The claim process on Emily's Medical Negligence case


Schedule your initial consultation

At our initial consultation, we can give you more information about the claim process and chat with you about the viability of an insurance or compensation claim. Our Medical Misdiagnosis Lawyers will also confirm your eligibility for no win no fee terms to pursue your case.


Investigation & gathering evidence

Our Medical Misdiagnosis Lawyers will investigate and gather evidence while you recover from your injuries. This includes collecting medical treatment records prior to the medical event and subsequent to it.

At the same time, our Medical Misdiagnosis Lawyers will also collect employment and income records so that complete before and after pictures can be painted.


Get Independent Medical expert's opinion

Once our Medical Misdiagnosis Lawyers obtain all relevant medical records, including reports from your treating doctors, we’ll then get an independent medical expert opinion as to the extent of your injury.

We will also clarify whether or not the treatment provided to you met or fell short of the requisite standard of care.

From those reports, we will formulate how the medical event has impacted you and your family at work and at home.


Lodge your claim

If the investigation results satisfactorily, our Medical Misdiagnosis Lawyers will then lodge your insurance claim where possible and if the circumstances allow.

A compensation claim for the physical and psychological deficits you have sustained as a result of the accident.


Attendance at informal settlement meeting

Our Medical Misdiagnosis Lawyers will formulate your damages demand if applicable and appoint an out of court meeting to negotiate the resolution of your claim settlement.


Claim settlement or court proceedings

Statistically, more than 97% of compensation claims are settled out of court. In many cases, the claim is resolved successfully during the informal settlement meeting, and you will receive compensation to which you are entitled.

If your claim has not been resolved at this stage, our Medical Misdiagnosis Lawyers will file proceedings in court to help you get the compensation to which you are entitled according to law.

The result of Emily’s Medical Negligence case.

Settled for $2,250,000.

Been injured? It’s your right to claim, ask us if you need help. Carter Capner Law offers No Win. No Fee. for most injury compensation cases that it takes on, including:

Road Injuries

Work Injuries

Travel Injuries

Medical Injuries

Public Liability Injuries

Recreational Injuries

Other Injuries

In some cases like medical negligence, we ask our client to meet the case expenses – but in many cases, we still take the financial risk of investing thousands of hours of expert professional work to ensure the claim’s success.

Disclaimer: Names have been change to protect the identity of our client. The image depicted is not of our client.

Sam Smith

Senior Associate

Sam is an expert in medical negligence claims arising from hospital treatment and sub-standard medical and recreational services. Call today to discuss your compensation issue.

Send an enquiry


07 3210 3444

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