Claims News

Compensation for the Misdiagnosis of a Knee Fracture Approved at the High Court

Posted on: May 2nd, 2014

A woman, who was unable to compete in the Special Olympics due to a medical error, has had the settlement of her compensation for the misdiagnosis of a knee fracture approved at a High Court hearing.

The Special Olympics World Games is the world’s largest sporting event for children and adults with intellectual disabilities and, in May 2009, Amy Rose McGowan from Trim in County Meath was in training for the Games that were scheduled to take place in the summer of 2011 in Athens.

Unfortunately, while running in a training race, Amy Rose fell and injured her knee and was taken to Our Lady´s Hospital in Navan; where she was diagnosed with a soft tissue injury after having an x-ray, and had her knee strapped for support.

A few months later Amy Rose attended her GP complaining of a pain in her knee. It was discovered that she had sustained a depressed fracture of the knee in the training accident which had been overlooked by doctors at the hospital.

Unfortunately for Amy Rose the correct diagnosis was made too late for corrective surgery and – Mr Justice Michael Peart at the High Court in Dublin heard – it is likely that Amy Rose will require knee replacement operations in the future.

Because of her intellectual disability, Amy Rose (31) claimed compensation for the misdiagnosis of a knee fracture through her mother – Charlotte McGowan – against the Health Service Executive (HSE), alleging that the care, diagnosis and treatment provided by Our Lady’s Hospital had been negligent.

The HSE acknowledged that the x-ray of Amy Rose´s depressed fracture had been overlooked at the hospital and liability was admitted for her knee injury. A €142,000 settlement of compensation for the misdiagnosis of a knee fracture was agreed; but, as Amy Rose suffered an intellectual disability, the settlement had to be first approved by a judge.

At the High Court, Mr Justice Michael Peart heard how before her accident Amy Rose had been a successful swimmer and athlete.  Approving the settlement the judge said he was “very impressed and full of admiration” for Amy Rose and he wished her a happy life with her family before adjourning the hearing.

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