Personal Injury Compensation

Settlement of Compensation for Misdiagnosis of Fractured Knee Approved at the High Court

May 2nd, 2014. By Compensation News.

A young athlete, who was unable to attend the Athens 2011 Special Olympics World Games due to a medical error, is to receive €142,000 compensation for the misdiagnosis of a fractured knee after a hearing at the High Court.

The Special Olympics World Games is a bi-annual sporting event for children and adults with intellectual disabilities and, in May 2009, Amy Rose McGowan (31) from Trim in County Meath was participating in a training race when she fell and injured her knee.

Amy Rose was taken to Our Lady´s Hospital in Navan, County Meath, where she was given an x-ray and diagnosed with a soft tissue injury. The knee was strapped to give it some support and Amy Rose was discharged.

Within a few months, Amy Rose attended her GP complaining of knee pain. Her doctor re-examined the x-rays taken at Our Lady´s Hospital and found that doctors in the Emergency Room had overlooked a depressed fracture.

Unfortunately for Amy Rose, the discovery of her fractured knee came too late for corrective surgery; and she was unable to continue training for the Special Olympics, while her doctor believes she may now also have to undergo knee replacement surgery.

Through her mother – Charlotte McGowan – Amy Rose claimed compensation for the misdiagnosis of a fractured knee against the Health Service Executive (HSE), alleging that the care, diagnosis and treatment she had received in the Emergency Room of Our Lady’s Hospital had been negligent.

The HSE confirmed that Amy Rose´s depressed knee fracture had been overlooked and admitted liability was admitted for her injury. A settlement of compensation for the misdiagnosis of a fractured knee amounting to €142,000 was agreed; but, as Amy Rose suffers from an intellectual disability, the settlement had to go to the High Court to get approval from a judge.

At the High Court, Mr Justice Michael Peart heard how Amy Rose had been a successful swimmer and runner before her accident, and the judge invited Amy Rose to show the court some of the medals and trophies she had won.  Approving the settlement, Mr Justice Michael Peart said he was “very impressed and full of admiration” for Amy Rose, and he wished her a happy life with her family.


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