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If you have been injured in an accident in a hospital, you may be entitled to make a claim for compensation. The process for claiming compensation for an accident in a hospital differs depending on whether your injuries have been sustained in a physical accident – such as a slip on a wet floor in a hospital – or by the negligence of a medical practitioner who has demonstrated a poor professional performance. Irrespective of how your injuries have been sustained,it is in your best interests to engage the services of a hospital negligence solicitor when making a claim for being injured in a hospital to ensure that you receive a fair and adequate settlement of compensation for being injured in an accident in a hospital.

High Court Approves €1m Birth Injury Compensation for 13-Year-Old Girl

A birth injury compensation action against the Health Service Executive has been settled for €1m in the High Court after a girl, now 13-years-old, was not diagnosed with a serious hip abnormality at birth. The condition was not being diagnosed for six years and the young girl, Nyomi Millea Melvey, now suffers from a permanent disability.

The father of the young girl, Colin Melvey,  told the court that Nyomi is only able to walk for a period of three to five minutes before her hips become locked into position. He said his daughter has done really well considering the challenges she faces, but she has to work harder because of her disability. Mr Melvey went on to say that Nyomi will also require at least three hip replacement operations throughout her life.

The condition that Nyomi suffers from, known as bilateral hip dysplasia was diagnosed she was six-years-old and it was alleged that the options to address this were extremely limited due to the failure to diagnose this earlier.

Nyomi’s Legal Counsel, Mr Liam Reidy, spoke in the High Court saying that she was born with the condition where both hips were displaced, but that this was not diagnosed by the physicians present at the birth. Nyomi, they said, had been medically examined by medics on different times and there was an alleged failure to recognise the abnormality that she displayed.

Taking the failure to diagnose compensation action through her mother Wendy Millea, Nyomi sued HSE for compensation. Ms Millea had received antenatal care during her pregnancy at Waterford Regional Hospital. Nyomi was born on January 20, 2005, with bilateral hip dysplasia and the attending medical staff failed to recognise the condition. The conditions was not recognised until February 2011.

Additionally it was argues that there was a failure to recognise the underlying hip problem from simple observations despite the physical appearance of the infant and worries made known by her mother along with an alleged failure to refer her for evaluation by an orthopaedic surgeon (or a suitably qualified professional healthcare person).

The claims were denied by the HSE.

Mr Justice Paul Butler approved the settlement of €1,000,000 in birth negligence compensation.

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If you have been injured in an accident in a hospital, you may be entitled to make a claim for compensation. The process for claiming compensation for an accident in a hospital differs depending on whether your injuries have been sustained in a physical accident – such as a slip on a wet floor in a hospital – or by the negligence of a medical practitioner who has demonstrated a poor professional performance. Irrespective of how your injuries have been sustained,it is in your best interests to engage the services of a hospital negligence solicitor when making a claim for being injured in a hospital to ensure that you receive a fair and adequate settlement of compensation for being injured in an accident in a hospital.

Coombe Hospital to Pay €15m in Birth Injury Compensation to Donegal Boy

A €15 million infant compensation settlement has been approved at the High Courtfor a boy, now four years old, who sustained injuries at the Coombe Hospital in Dublin during his birth.

The hospital issued an apology to Eoin McCallig, who lives at Dunkineely in Co Donegal, and his parents for his devasting injuries he sustain while being delivered.

Following the apology, Eoin McCallig’s father Anthony said the family could forgive a genuine mistake. However, he stated that they could not accept the way HSE treated their family and others in similar cases.

Mr McCallig stated that he believes there must be a “better way” of handling cases involving devastatingly injured children than through litigation lasting years to a “bitter end” and last-minute settlement approvals. He told High Court President Mr Justice Peter Kelly that the culture and procedures needed to change and take more consideration for those who have suffered.

He claimed that the Health Service Executive has spent approximately €800m in the the last ten years in battling these legal actions. Mr McCallig stated that these funds could be put to much better use.

He said the compensation settlement of €15m infant compensation would never change what happened to Eoin, but it would provide some relief as they knew that Eoin would now be cared if anything happened to them.

Staff at the Coombe Hospital stopped monitoring Eoin’s heart rate at 9.30am on the morning of his birth, the High Court was told.

Eoin’s parents claimed that if he had been monitored after this, hospital staff would have seen he was in distress before he was born at around 11.30am. The court heard he had been deprived of oxygen in the 20 minutes just before he was delivered.

It was claimed that if their son had been monitored and delivered earlier, he would not have suffered such devastating injuries. The High Court was told Eoin was a very intelligent boy, but he cannot walk or talk and can communicate with others only using his eyes and expressions.

In a statement made public through their solicitor, Michael Boylan, Eoin McCallig’s parents said the infant compensation settlement was welcome but the family “would hand this €15 million settlement back in a heartbeat if Eoin could get back what was robbed from him in those two precious hours before his birth”.

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If you have been injured in an accident in a hospital, you may be entitled to make a claim for compensation. The process for claiming compensation for an accident in a hospital differs depending on whether your injuries have been sustained in a physical accident – such as a slip on a wet floor in a hospital – or by the negligence of a medical practitioner who has demonstrated a poor professional performance. Irrespective of how your injuries have been sustained,it is in your best interests to engage the services of a hospital negligence solicitor when making a claim for being injured in a hospital to ensure that you receive a fair and adequate settlement of compensation for being injured in an accident in a hospital.

Woman Awarded €58,500 Injury Compensation for a Fall in Hospital

A woman, who suffered a fractured spine in an accident at Dublin´s Mater Hospital, has been awarded €58,500 injury compensation for a fall in hospital.

The seventy-nine year old woman from Finglas in Dublin made her claim for injury compensation for a fall in hospital after the events of April 2015 when she visited the Mater Hospital for routine day surgery. The gastroscopy procedure she had been scheduled for went well, but she was left unattended in the recovery unit after the procedure and, while trying to get out of bed, she fell.

The woman suffered a fractured spine as a result of the accident and, rather than return home that evening as she was supposed to, she spent nearly a month in the hospital recovering from her injury. She was then transferred to the Clontarf Hospital in Dublin, where she spent a further three months as an inpatient receiving specialist care in the orthopaedic unit.

Now requiring regular care, the formerly active and independent woman wears a lumbar brace and needs the assistance of a Zimmer frame to walk. After seeking legal advice, she claimed injury compensation for a fall in a hospital against the Mater Hospital, alleging the hospital staff were negligent by failing to monitor her throughout her recovery.

At the Circuit Civil Court, Judge James O´Donohoe heard the woman had been previously hospitalised due to a fall at her home and, aware of this, the hospital should have monitored her at all times in compliance with its falls prevention policy. Unfortunately – according to an expert witness appearing on behalf of the woman – the hospital failed in its duty of care.

Commenting the plaintiff was not the same woman as she had been prior to her accident, Judge O´Donohoe awarded her €58,500 injury compensation for a fall in hospital. He gave the Mater Hospital leave to appeal the decision provided that a payment of €30,000 was made immediately.

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If you have been injured in an accident in a hospital, you may be entitled to make a claim for compensation. The process for claiming compensation for an accident in a hospital differs depending on whether your injuries have been sustained in a physical accident – such as a slip on a wet floor in a hospital – or by the negligence of a medical practitioner who has demonstrated a poor professional performance. Irrespective of how your injuries have been sustained,it is in your best interests to engage the services of a hospital negligence solicitor when making a claim for being injured in a hospital to ensure that you receive a fair and adequate settlement of compensation for being injured in an accident in a hospital.

Man Settles Claim for Falling from a Hospital Trolley

A man, who allegedly suffered a back injury while in the care of the Adelaide and Meath Hospital, has settled his claim for falling from a hospital trolley.

In September 2015, Anthony Whelan (64) – a caretaker from Tallaght in Dublin – attended the Adelaide and Meath Hospital in Tallaght complaining of a severe post-operative pain. It was decided to admit Anthony overnight in order to conduct a second operative procedure the following morning.

Anthony was put onto a hospital trolley to be transported to a ward. When no bed could be found to accommodate him, Anthony was moved into the corridor near a nursing station on the hospital trolley and screens placed around him so that he could get some rest.

While Anthony slept, he fell from the trolley – hitting his back against the base of the screens as he landed on the floor. An x-ray failed to reveal any injury to Anthony´s back, lungs or chest, but he was given a painkilling injection and moved to a private room.

After undergoing treatment to resolve his initial complaint, Anthony sought legal advice and made a claim for falling from a hospital trolley against the Adelaide and Meath Hospital. In his claim, Anthony alleged that he had not received appropriate management and care.

The hospital acknowledged that Anthony had fallen from a hospital trolley due to negligence, but disputed the extent of his injury and the amount of injury compensation he was claiming. Consequently the case was scheduled to be heard at the Circuit Civil Court for the assessment of damages only.

However, soon after the hearing had commenced, Mr Justice Raymond Groarke was informed that the two parties had come to an agreement on a settlement of the claim for falling from a hospital trolley. The judge was told that the settlement was within the jurisdiction of the District Court and that costs had also been agreed between the two parties.

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If you have been injured in an accident in a hospital, you may be entitled to make a claim for compensation. The process for claiming compensation for an accident in a hospital differs depending on whether your injuries have been sustained in a physical accident – such as a slip on a wet floor in a hospital – or by the negligence of a medical practitioner who has demonstrated a poor professional performance. Irrespective of how your injuries have been sustained,it is in your best interests to engage the services of a hospital negligence solicitor when making a claim for being injured in a hospital to ensure that you receive a fair and adequate settlement of compensation for being injured in an accident in a hospital.

Settlements of Compensation for Negligent Care at a Crèche Approved in Court

Twenty-two settlements of compensation for negligent care at a crèche have been approved at the High Court. The settlements amounting to more than €1 million.

In May 2013, RTÉ broadcast a documentary – “Breach of Trust” – after an investigation into the Links Abington Creche in Malahide, Dublin. The documentary revealed a poor standard of care at the crèche, with several recorded incidents of physical and verbal abuse against the pre-school children in the creche´s care.

Following the broadcast, the parents of twenty-two of the children sought legal advice and claimed compensation for negligent care at a crèche on behalf of their children against Links crèche Southside Ltd, Links crèche Montessori Ltd, and the owners of the Abington crèche – Padraig and Deidre Kelly. The parents also compensation claims for the mental stress they had suffered.

The defendants entered a defence against the claims for compensation; but, at the High Court, Mr Justice Kevin Cross heard that the parents´ compensation claims for mental stress had been settled out-of-court, and that offers of compensation for negligent care at a crèche had been made in respect of the children´s claims without an admission of liability.

The offers of settlement were divided into three categories. Children who had been physically or verbally abused during the broadcast of the documentary were offered up to €75,000. Children who had been in the vicinity of those who had been abused were offered lesser amounts, while those who were present at the time of the alleged abuse, but not shown in the broadcast, were offered amounts of compensation for negligent care at a crèche starting from €40,000.

Judge Cross was told that many of the children had developed “behavioural difficulties” – especially around nappy changing time – prior to being removed from the crèche by their parents. The barrister representing the children told the judge that none of the children appear to have suffered any long-term consequences due to the alleged negligence. The judge than approved the offers of compensation for negligent care at a crèche.

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If you have been injured in an accident in a hospital, you may be entitled to make a claim for compensation. The process for claiming compensation for an accident in a hospital differs depending on whether your injuries have been sustained in a physical accident – such as a slip on a wet floor in a hospital – or by the negligence of a medical practitioner who has demonstrated a poor professional performance. Irrespective of how your injuries have been sustained,it is in your best interests to engage the services of a hospital negligence solicitor when making a claim for being injured in a hospital to ensure that you receive a fair and adequate settlement of compensation for being injured in an accident in a hospital.

Percentage of Accepted Awards by the Injuries Board Continues to Decline

The percentage of accepted awards made by the Injuries Board has continued to decline according to data published on injuriesboard.ie.

The six-month interim report shows that 16,162 applications for the assessment of personal injury compensation were received by the Injuries Board in the six months to June 2013. 5,286 awards by the Injuries Board were accepted during this period, for an average value of €22,349 – an acceptance rate of 32.7 percent, considerably lower than the acceptance rate of 37.2 percent for the corresponding period in 2012.

Despite the lower acceptance rate, the value of awards by the Injuries Board continues to rise. The total value of awards in the six month period (€118.14 million) was significantly higher than in the first six months of 2012 (€109.03 million) and was explained by Patricia Byron – CEO of the Injuries Board – as being due to some exceptional Injuries Boards awards – including their highest ever accepted assessment of €976,000.

Ms Byron commented that the higher volume of applications for assessment and the increased value of the awards by the Injuries Board should not be used as an excuse by insurance companies to increase their premiums. She said that preliminary figures for Quarter 3 of 2013 indicated a reduction in the number of applications for assessment received by the Injuries Board and that “a continuation of that trend could see full year volume increases being pared back to about 5% – on par with prior years”.

She added that, although there had been an increase in the value of awards by the Injuries Board, the reduction in the processing fee paid by respondents from €850.00 to €600.00 (usually paid by insurance companies on behalf of their policyholders) should more than counter the effect of the higher personal injury compensation settlements.

The majority of awards by the Injuries Board were made for injuries sustained in road traffic accidents (75.5 percent) with public liability claims for injuries sustained in places of public access accounting for 16.4 percent and compensation claims for injuries in the workplace falling once again to 8.1 percent of the awards made by the Injuries Board. The Injuries Board does not process applications for assessment when the plaintiff has sustained a loss, injury or the deterioration of an existing condition due to hospital negligence.

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If you have been injured in an accident in a hospital, you may be entitled to make a claim for compensation. The process for claiming compensation for an accident in a hospital differs depending on whether your injuries have been sustained in a physical accident – such as a slip on a wet floor in a hospital – or by the negligence of a medical practitioner who has demonstrated a poor professional performance. Irrespective of how your injuries have been sustained,it is in your best interests to engage the services of a hospital negligence solicitor when making a claim for being injured in a hospital to ensure that you receive a fair and adequate settlement of compensation for being injured in an accident in a hospital.

Family Claim Compensation for Fatal Bath Accident in Hospital

The father of a woman who died due to a lack of nursing care is to make a claim for compensation for a fatal bath accident in hospital following an inquest into her death.

Amy Hauserman (26) died two days after voluntarily being admitted to the psychiatric unit of Melbourne´s Frankston Hospital when – according to Coroner Peter White – she either lapsed into unconsciousness or slipped while trying to get out of the bath she had allowed to take without supervision.

At the inquest into her death, the Coroner was critical of the fact that Amy had been allowed to take a bath without a risk assessment being conducted or without consulting her consultant. He found that one nurse on the ward was not even aware that protocol for allowing psychiatric patients to take a bath existed, while the Head of Nursing gave precise details of how supervised baths should be managed.

Returning a verdict of from death due to “a hypoxic brain injury in a setting of immersion”, Coroner White said that the fatal bath accident could not have happened if a nurse had been present who could have rescued Amy and that it was an “appropriate response to this tragic episode” that the hospital no longer allowed patients in its high dependency psychiatric ward to take unsupervised baths.

After the hearing, Amy Hauserman’s father said “We are relieved the failings by Frankston Hospital have been recognised by the Coroner. But these findings confirm ours and the Coroner’s belief that if the hospital had looked after Amy better and showed her the due and proper care she deserved, she would still be with us now.”

He confirmed that the family would be making a claim for compensation for a fatal bath accident in hospital against the Mornington Peninsula Health Service, who was not prepared to comment on the case, but who said in a statement “Peninsula Health is deeply saddened by the death of Ms Amy Hauserman. We have expressed condolence to the Hauserman family on a number of occasions since Amy’s death.”

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If you have been injured in an accident in a hospital, you may be entitled to make a claim for compensation. The process for claiming compensation for an accident in a hospital differs depending on whether your injuries have been sustained in a physical accident – such as a slip on a wet floor in a hospital – or by the negligence of a medical practitioner who has demonstrated a poor professional performance. Irrespective of how your injuries have been sustained,it is in your best interests to engage the services of a hospital negligence solicitor when making a claim for being injured in a hospital to ensure that you receive a fair and adequate settlement of compensation for being injured in an accident in a hospital.

New Government Statistics Show Fewer Claims for Whiplash Injury Compensation

The Department for Works and Pensions Compensation Recovery Unit as released figures  that show claims for whiplash injury compensation have fallen year-on-year by more than 4 percent.

An overall amount of 547,405 claims for whiplash injury compensation were recorded by the Compensation Recovery Unit in 2011/2012, whereas in the previous twelve months 571,111 whiplash injury compensation claims were registered.

This drop in the volume of claims for whiplash injury compensation was noted by president of the Association of Personal Injury Lawyers (APIL) – Karl Tonks – when he was giving evidence to a Transport Select Committee ahead of the latest amendments to the Legal Aid, Sentencing and Punishment of Offenders Bill 2012.

Mr Tonks also reveal the outcome of a survey prepared on behalf of APIL by market research company Canadean which showed that 40 percent of people eligible to make claims for whiplash injury compensation declined to do so. The survey also revealed that 1 percent of people who answered the survey had suffered a whiplash injury in the past twelve months, while 20 percent of those had experienced a whiplash injury in the past suffered symptoms of their whiplash injury for more than twelve months.

The Government is expected to reveal a strategy for new specialist medical panels to support improvements in the diagnosis of whiplash and to increase from 1,000 pounds to 5,000 pounds the value up to which claims can be handled by the small claims court, but Mr Tonks warned the Transport Select Committee that the Government could be embarking on a potentially damaging reform agenda.

Agreeing that a “universal commitment was required to reduce the number of fraudulent claims for whiplash injury compensation”, Mr Tonks added “But it’s even more important to stand firm against any move to put barriers in the way of the majority of people who have genuine injuries and who need to make genuine claims.” Mr Tonks presented a ten point plan to the Transport Select Committee which he hoped could be discussed with the Government.

1. Information on fraud to be freely available to all parties to help identify possible fraudsters

2. Claimants to be legally bound statement of truth

3. Ban insurance companies from paying compensation without medical evidence

4. No offers of gifts or cash to potential clients to be made by any party involved

5. Enforcement of future ban preventing insurance companies from selling the details of claimants’

6. Identities of potential expert witnesses to be shared by all sides involed

7. New guideline to help medics identify and understand whiplash injury to a greater extent

8. Photo Identification to be provided when attending a medical

9. Claimant´s solicitor to arrange access to relevant medical records

10. Spam texting to be outlawed

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If you have been injured in an accident in a hospital, you may be entitled to make a claim for compensation. The process for claiming compensation for an accident in a hospital differs depending on whether your injuries have been sustained in a physical accident – such as a slip on a wet floor in a hospital – or by the negligence of a medical practitioner who has demonstrated a poor professional performance. Irrespective of how your injuries have been sustained,it is in your best interests to engage the services of a hospital negligence solicitor when making a claim for being injured in a hospital to ensure that you receive a fair and adequate settlement of compensation for being injured in an accident in a hospital.

High Court Compensation for Early Hospital Discharge

A female, who was released from hospital just eight hours after being admitted with a broken pelvis, has won a High Court hearing and been awarded with 35,000 pounds in early hospital discharge compensation.

Lydia Eaton (102) from Wigmore, Kent, sued the Medway NHS Trust through her daughter after she was unable to walk independently following the events of March 2007. Lydia, who had broken her pelvis in a fall near her home, was taken to the A&E Department of Medway Maritime Hospital in Gillingham but discharged after just eight hours and given with a prescription for painkillers.

Lydia´s physical condition deteriorated after she returned home and, as her mobility decreased, started to develop sores and ulcers. Her family, it was claimed at London´s High Court, were given no instruction on how to deal with Lydia´s condition or support from the hospital, and the following month Lydia was moved into a nursing home.

Judge Sweeney at the High Court heard solicitors on behalf of Lydia contend that Lydia would still be living independently and able to walk had it not been for the negligence of doctors at the Medway Maritime Hospital and they advised the judge that, since the claim for early hospital discharge compensation had been filed, Lydia had been forced to move into another – more expensive – nursing home where a higher level of care could be provided.

Finding in favour of Lydia, Judge Sweeney agreed that the hospital had been negligent in prematurely releasing Lydia from hospital – a situation which had directly resulted in the deterioration of her condition. The judge made the award of 35,000 pounds in early hospital discharge compensation to Lydia and ordered that it be placed in a trust fund to pay for Lydia´s care.

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If you have been injured in an accident in a hospital, you may be entitled to make a claim for compensation. The process for claiming compensation for an accident in a hospital differs depending on whether your injuries have been sustained in a physical accident – such as a slip on a wet floor in a hospital – or by the negligence of a medical practitioner who has demonstrated a poor professional performance. Irrespective of how your injuries have been sustained,it is in your best interests to engage the services of a hospital negligence solicitor when making a claim for being injured in a hospital to ensure that you receive a fair and adequate settlement of compensation for being injured in an accident in a hospital.

1 Million Pounds Hospital Heart Surgery Disablement Compensation

Two teenagers, who claimed to have suffered disability following hospital  heart surgery at the Bristol Royal Infirmary when they were children, have each had medical negligence compensation awards of 500,000 pounds approved in the High Court.

The two teenagers – Kristian Dixon (19) and Jessica Johnson (18) – were both babies when undergoing heart surgery at the hospital in 1992 and 1993 respectively.  Mr Dixon alleged that brain damage sustained when he was sixteen months caused cognitive and learning difficulties, while Ms Johnson has required permanent care ever since her heart surgery.

It was claimed at the High Court in London that both had sustained hospital brain damage due to professional misconduct by Surgeon Mr James Wisheart and hospital manager Dr John Roylance – who were struck off following a review into the deaths of 29 babies at the hospital between 1988 and 1995 – and Dr Janardan Dhasmana, who was barred from performing heart surgery at a disciplinary hearing in 1999.

In approving the awards, which were agreed by United Bristol Healthcare NHS Trust without admission of liability, Mr Justice Owen commended the families of both teenagers for the devoted care they had given over the years.

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