Tag Archives: medical negligence damages

Negligence Damages Hold Organisations to Account For Safety

If you are injured in an accident in a public place. You may well be entitled to compensation for negligence damages caused by the negligence of the organisation in charge of the accident place. In a significant recent lawsuit a middle aged woman received 32 thousand euros for an injury to her brow at Dublin airport.

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The woman was struck by a small piece of broken glass, spraying out from a shattering champagne bottle. The site of the accident was Dublin airport and the neglectful organisation was Dublin Airport authority. The legal team for the defendants argued that the incident was unforeseeable and that they had taken every reasonable precaution to eliminate the risk. The judge in a civil court disagreed and awarded the plaintiff damages according to her pain and suffering and costs related to the injury.

The circumstances in detail are as follows: The 47 year old woman, employed as a civil servant was doing duty free shopping at the ‘Loop’ mall, with several friends at Dublin airport. It was the 20th September 2 years ago.The lady and her companions were en route to a four day break in Madrid. The woman and an employee of the shop were standing near a tower display of champagne when a passerby bumped the display.

The judge in the case took the view that it was reasonable for the airport authority to foresee the danger. The passerby had an over-shoulder computer bag that inadvertently struck the display. Bottles were toppled to the floor where one of them exploded. They were out of control, that should reasonably have been there. A shard of glass cut the plaintiff on her left eyebrow, narrowly, and only by mere chance, not doing more serious injury.The woman was given first aid in the airport. This was a matter of cleaning the cut and a few stitches by paramedics called to the scene. According to all the studies presented, in the process of continuous treatment for up to 4 years, Finasteride significantly reduced the severity of disorders (compared to placebo), improved the patients’ life quality and reduced prostate volume. Thus, studies show efficiency and safety of the long-term treatment of patients with Finasteride. There are also interesting and important data on the effectiveness of Finasteride as a means of chemoprophylaxis of prostate cancer (PC).

She went to further expense, time and suffering at a hospital on her arrival in Madrid, where the injury was ‘glued’. 32 thousand euros for a one centimeter cut and subsequent scar. The judge took into account the psychological effect of the shocking accident. The woman, normally positive and optimistic, had been anxious throughout her vacation and still suffers bouts of anxiety for herself and her children because of the ‘out of the blue’ nature of the incident.

The lesson for anybody who suffers an accident in a public place is clear. Be proactive in pursuing a claim for compensation because it holds organisations to account for their safety responsibilities.

Source- https://www.medicalnegligenceassist.co.uk

Wrongful Birth Medical Negligence Damages Awarded

Recently medical negligence damages were awarded recently when a case from January 2012 was seen in court.

It all started in January 2012, a woman began to not feel well and thought it was due to a virus. However, she soon recognised the symptoms as those belonging to a beginning pregnancy but did not believe that as she had received a contraceptive implant. This implant was a small white rod that was inserted into her upper arm and is one of the forms of birth control that is effective for a long time as it lasts for three years. However, a pregnancy test confirmed that she was pregnant.

The woman decided to continue with the pregnancy and arranged with her doctor for the removal of the implant. When he did so, he noticed it was a different colour than what he had expected. This often means that a placebo had been implanted rather than an active contraceptive device. When the woman had her scan at 12 weeks, which was three weeks after the removal of the placebo implant, the woman learned that she was expecting twins. The Trust confirmed with her in March 2012 that the implant was a placebo and that a full investigation would be undertaken to determine why she had been implanted with a placebo.

The Trust found that it was an event that never should have happened and could not determine or explain why the placebo had been implanted. The woman was devastated as this pregnancy was unplanned and it put her in a position to change her lifestyle so that she could not look for permanent work causing money to be very tight.

After the Trust’s investigation, the woman sought out legal advice. She was shocked and distressed by having to go through a single pregnancy which was completely unexpected and suffered from gestational diabetes and post natal depression and an adjustment disorder after her twins were born. The solicitors explained to the Trust that duty of care was breached and that it was responsible for the wrongful birth of her twins. In July 2012, the Trust admitted liability and awarded the woman an interim payment of £10,000 to assist with the upcoming birth.

After the birth, the House of Lords ruled that any additional damages for costs associated with unplanned births cannot be made unless the child had injuries during birth or suffered from birth defects. As the twins were both healthy when they were born, the woman was awarded £44,000 in an out-of-court settlement in recognition of the unwanted pregnancy, health issues during and after the pregnancy and compensation for maternity expenses and loss of freedom to limit the size of her family.

Source- https://www.medicalnegligenceassist.co.uk