Medication Leading to Stomach Problems Causes Further Injury to car accident victim and Results in Successful Claim for Impairment

Published 16 Sep 2014

Our client sustained physical injuries by way of fractures in a car accident but it was the non-specific injuries i.e. the stomach problems that resulted in his claim exceeding the 10% threshold under the Motor Accident Compensation Act. 

Our client was being treated by his doctors for the physical injuries which were essentially fractures to his leg.

As part of his treatment and pain management, the doctors prescribed heavy medication which our client continued to take for pain relief, assisting with sleeping and to manage the anxiety and depression caused by the physical injuries. 

Over time, our client started to notice pain in the stomach, constipation and reflux.

We advised him that it was important to seek advice from his doctors and undergo testing. His doctors carried out further tests and referred him to a gastroenterologist.

Our client was referred to have an endoscopy to show that there was a direct link between the stomach problems and the pain relieving medication. 

Our client’s physical injuries were assessed by the Medical Assessor appointed by the Motor Accident Authority, with a result of only a 9% impairment.

After we obtained the test results from the endoscopy, we requested our own general surgeon to report on whether the injuries and the use of medication were the cause of the current stomach problems. Our medical expert confirmed that they were and we then submitted a further application to the Motor Accident Authority. 

A further independent assessment was then ordered by the Motor Accident Authority and it confirmed that our client had a further impairment of approximately 5% due to the stomach problems caused by the medication.

Compensation Lawyer Vrege Kolokossian of this office was successfully able to show that as a combination of both the physical injuries (9%) and the stomach problems (5%) exceeded the 10% threshold and our client was successfully able to receive compensation for his pain and suffering (non-economic loss). Had we not advised our client to undergo testing and further investigations after learning of our client’s stomach complaints, our client would not have had the further assessments and would not have received such an award. The difference to our client was ultimately an extra $160,000. 

It is for this reason that when you are injured in a motor vehicle accident or for any other accident, you need solicitors who specialise in this area and who know how to assess each and every aspect of the claim.

It is only by approaching a specialised firm like Gerard Malouf and Partners Compensation Lawyers that you can ensure that every aspect of your claim will be properly investigated and researched so as to maximise the final outcome to the benefit of our clients.