Personal Injury Compensation

Archive for March, 2012

Windpipe Injury Operation Negligence Compensation for Mother

March 18th, 2012. By Compensation News.

A woman, who had to undergo a tracheostomy operation after a negligent doctor severed a nerve in her neck in a previous surgical procedure, has won an undisclosed settlement of compensation for windpipe injury operation negligence.

Joanne Roche (42) from Bridlington, East Yorkshire, underwent the initial operation in February 2008 at the Scarborough Royal Infirmary when she was admitted for routine surgery to remove a thyroid gland. However, when she woke up from the anaesthetic, Joanne knew immediately that something was not correct.

The surgeon who had carried out the operation – Dr Nayef El-Bhargouti – had severed a nerve to Joanne´s vocal chords, which were blocking her airways, leaving her struggling to breathe whenever she lay back and unable to talk.

Although she was permitted to leave hospital, and even return to her part-time job as a health-care assistant, Joanne´s condition failed to improve. Four months after her initial operation she had to undergo a tracheostomy procedure to insert a tube into her throat to enable her to breathe more clearly.

Joanne, initially had no intention of making a claim for windpipe injury operation negligence compensation, but after the tracheostomy had been inserted, Joanne was unable to speak without placing a hand over the opening in her throat, has become more prone to infections and has to avoid family events – such as swimming – where there is a risk that water may get into her lungs.

After taking legal counsel, Joanne made a medical negligence windpipe operation claim against Dr Nayef El-Bhargouti and the Scarborough and North East Yorkshire Trust. In the course of constructing the claim, Joanne´s solicitors found that Dr Nayef El-Bhargouti was not skilled in thyroid surgery and her operation had been done in half the time it should have.

Joanne filed a complaint to the General Medical Council, who suspended the doctor from practising. After such a clear indication of liability, the Scarborough and North East Yorkshire NHS Trust made an undisclosed offer of compensation for windpipe injury operation negligence which Joanne accepted and which will enable her to afford special breathing apparatus so that she may enjoy swimming with her children once again.

Car Accident Compensation Claim against MIBI Approved in Court

March 2nd, 2012. By Compensation News.

A man, who suffered a severe brain trauma and now requires permanent care after being thrown from a car driven by an uninsured driver, has had his car accident compensation claim against MIBI approved in court.

The man – who is a ward of court and cannot be named for legal reasons – was just 19 years old when, in March 2008, he was a back seat passenger in a car which went out of control, left the road and ran into a tree. The victim, who was thrown from the car as it left the road, suffered a severe brain trauma which has left him needing permanent nursing care and only able to communicate by means of thumb up or thumb down.

Ms Justice Mary Irvine at the High Court heard that the driver of the car was not uninsured, and that an injury compensation claim against the Motor Insurers´ Bureau of Ireland (MIBI) had been made. She also heard that an agreement had been reached between the man´s legal team and MIBI to award 4.25 million Euros to the victim – an amount which had been reduced by 20 per cent to account for the man’s contributory negligence of failing to wear a seatbelt.

The judge approved the settlement of the unnamed man´s car accident compensation claim against MIBI, stating that it was an excellent settlement which would provide the car he required for the rest of his life. She also ruled that the foster mother who had been caring for the victim since his accident should receive an immediate lump sum payment of 544,800 Euros to cover the expenses and hospital bills she had already incurred.


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