March 2011
Tormeys settle medical negligence case
Tormeys Solicitor acted for the Plaintiff in this medical negligence action which involved a delay in the treatment of the Plaintiff’s dislocated shoulder which resulted in a long term reduction in the mobility and a restriction in the use of the shoulder.
The Plaintiff attended the A&E Department of his local hospital where he was diagnosed with a dislocated right shoulder in July 2006. The shoulder was reported to be put back in place by the treating doctor in the A&E Department. An x-ray was taken of the Plaintiff’s shoulder and he was subsequently transferred to a second hospital where he was assessed by the Third Named Defendant the following day.
The Plaintiff was discharged with an appointment to be seen in three weeks. The Third Named Defendant was satisfied having relied on the initial x-ray taken in the A&E Department of the original hospital, that the shoulder was back in the joint.
On the 1st August 2006 the Plaintiff was reviewed by the Second Named Defendant and it was noted that the Plaintiff had a very restricted range of movement in his shoulder. No investigations were carried out as to whether the shoulder joint was in place. The Plaintiff was referred for physiotherapy and was to be reviewed in a further three weeks.
On the 15th August 2006 the Plaintiff was reviewed once again by the Second Named Defendant and it was only then realised that the Plaintiff’s shoulder was still dislocated and surgery was required.
The Plaintiff’s range of movement in the shoulder was seriously diminished which had consequences not only for his everyday life but also for his working life as a manual worker.
The Defendants denied liability in the case.
The case ultimately settled and the Plaintiff received a total sum of €160,000.00 to include both general damages (for pain and suffering) and special damages (for losses and expenses) plus his legal costs.
