Patient Compensated for Surgical Injury

Posted on: September 8th, 2016 by Medical Negligence

A woman, who sustained a severe jaw dislocation whilst undergoing surgery, has been awarded a six-figure settlement of compensation.

In December 2010, Amanda Walker (forty-eight from Knaresborough in North Yorkshire) tragically discovered that she had miscarried twins. As such, she needed to undergo an operation at the  Harrogate District Hospital to remove the miscarried foetuses. Upon awaking after the operation, Amanda discovered that she was experiencing extreme pain in her face and was unable to move her jaw.

The hospital attributed the pain to a condition with which Amanda had been diagnosed ten years earlier.  To investigate the pain, Amanda visited her dentist to investigate this diagnosis, who discovered that her jaw had been misaligned and that she had sustained severe tissue damage. A MRI scan showed that the extent of Amanda’s jaw injury was comparable with those seen in car crash victims. Amanda has been unable to return to her job in marketing because of the pain caused by the dislocation.

To correct that damage, a further four surgeries were required – including one that inserted an implant. The Harrogate District Hospital maintained that they were not at fault for the damage, though Amanda still chose to consult a solicitor. The solicitor, carried out an investigation which concluded that the way in which the surgical mask was applied to Amanda caused her injury, and not the pre-existing condition.

Amanda proceeded to make a claim for medical negligence compensation against the Harrogate and District NHS Foundation Trust. The trust contested the claim until very recently, but when they did admit that they were at fault, a six-figure settlement of compensation was awarded.

Dr David Scullion, the Medical Director of the Harrogate and District NHS Foundation Trust, commented that “The Trust is pleased an agreement has been reached. We have apologised to Ms Walker for the impact this injury has had on her. We conducted an investigation into Ms Walker’s care with us in 2010 and want to give assurance that we have learned all we can from this incident.”

Claim for Slip on Grape Injury Upheld in High Court

Posted on: May 15th, 2013 by Medical Negligence

A woman, who slipped on grapes that had fallen from a display outside a shop and injured both wrists in her subsequent fall, has had her claim for slip on grape injury upheld in the High Court.

Samira Hassan (57) from Greenford, Middlesex, took the action against shopkeeper Onkar Singh Gill (50) following her accident in 2005. While inspecting the fruit display placed on tables outside Mr Gill´s “The Stall” shop in Greenford Road, Samira slipped on grapes which had fallen from the display and fractured both her wrists.

After seeking legal advice, Samira made a claim for slip on grape injury, claiming that the grapes on which she slipped were “mushy” and that the staff at Mr Gill´s shop had failed in their duty of care to the public. Mr Gill contested the claim – insisting that his staff had taken all reasonable steps to keep the pavement clear of debris – a County Court judge last year ruled that Mr Gill was liable for Samira´s injuries and ordered him to pay 111,859 pounds in compensation for slipping on a grape.

Mr Gill appealed the ruling but, at London´s High Court, Lord Justice Lloyd – sitting with Mr. Justice Morgan and Sir Stephen Sedley – upheld the County Court´s decision and order that Samira should receive her full settlement of compensation in respect of her claim for slipping on a grape injury.