Injury Claims
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Medical/Dental Negligence

This can be a complicated area and a difficult (not to mention very slow) process to resolve. Provided full proof can be obtained, we can deal with such cases. They need to be assessed by a specialist solicitor and not all legal practises are interested in these types of claims as they can involve a substantial outlay of time and money by the solicitor.

Examples of the types of claim that can occur are shown below.

Example: Medical Negligence

Mr A had an accident when he slipped on some tiles and fell down three steps. He had severe pains in his ankle and shin and was taken to hospital. The fall was nobody’s fault but while he was at the hospital A&E department waiting to be seen, he noticed his ankle had swollen greatly. When he was finally seen after a three hour wait, he was assessed in ten minutes. The doctor told him it was just a sprain and that it would go down if he rested the leg for a week and took some prescribed painkillers. Mr A asked for an X-ray as he felt the ankle might be broken but he was told an X-ray was not necessary and that a break was unlikely.

After three weeks of continuing pain and no sign of the swelling reducing, he visited his doctor who requested an X-ray. It was confirmed that the ankle was broken and that there was also damage to the tendons. Once the error was corrected and the ankle was put in plaster, it took a total of 14 weeks to make a partial recovery so he could walk on the ankle with a limp. Had the correct diagnosis been made in the first place, recovery would have been 6 to 8 weeks and probably in full. After a solicitor was appointed, a lengthy investigation took place and, ultimately, the Health Authority was found to be negligent and Mr A received compensation.

Example: Dental Negligence

Mrs B visited her dentist for a routine check-up and he advised that one tooth was going rotten and should be removed. Used to carrying out the extraction procedure many times, he gave her a local anaesthetic and began to remove the tooth. It was more deeply rooted than expected and he called upon his assistant to help with the extraction. Unfortunately, the assistant allowed the extraction tool to slip and cut through a nerve.

This caused pain to Mrs B, in spite of the anaesthetic, but also caused permanent damage to the nerve and muscle on the right side of her face. This meant that she could not bite on anything very hard and there was a permanent droop to the right side of her mouth. At best, there might be a gradual and partial improvement over time.
A solicitor was able to establish that the assistant had not been fully trained yet and that the dentist was negligent in allowing the assistant to help. An out of court settlement was agreed through the solicitor’s professional indemnity insurance providers.

 

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