$280,000 Compensation for being hit by a door in a Hospital

PUBLISHED 14 Aug 2013

Our client was at Hospital with his Wife attending to the needs of their newly born child.

Whilst in the New Born Maternity Ward near a door, a Midwife had directed our client to stand near the door in order that the attending doctor could assess his new born child’s medical needs.

Our client was not advised that the door behind which he was directed to stand, opened onwards.

Our client complied with the Midwife’s direction.

A Nurse was pushing an X-ray machine through the corridor and on the other side of the door, caused the doors to swing open and to strike our client.

The doors were fitted with port hole windows, however, it was our allegation that this was not used by the Nurse pushing the X-ray machine, to see whether a person was standing immediately behind the doors, before pushing through the doors with force.

It was our allegation that the accident was clearly caused by the Nurse failing to ensure that it was safe to travel through the doors before causing the doors to open and thereafter strike our client.

The Hospital, being the employer of the Nurse, was responsible for the Nurse’s negligence and proceedings were commenced against the Hospital.

As a result of the incident, whereby the door struck our client’s back, our client was left with injuries to the back, including the neck, thoracic spine and lower back.

The injury had a devastating impact on our client which caused him to also develop psychological conditions as a result of the injuries.

The injuries caused our client great difficulties in attending to domestic duties around the house whereby his wife had to attend to all the duties in his stead.

At the time of the accident our client was a self employed plumber, and our client has been unable to return to work since the accident, as a consequence of his injuries.

Medical reports were obtained by our Firm on behalf of the client, including orthopaedic specialist reports and psychological reports, all at no cost to our client.

An expert Report in the form of an Engineer was also engaged to prepare a report on the issues dealing with negligence, again, at no cost to our client.

The matter was proceeding at Court and Orders were made by the Court for the parties to attend Mediation.

A Mediation was held, where the parties attended before a Mediator to discuss settlement.

An appointed Mediator assisted the parties in negotiations by frank discussions about the strengths and weaknesses of each parties’ case and issues relating to the matter, such as, the claims for various Heads of Damages, including Non Economic Loss, Economic Loss and the Care Claim.

At the outset it appeared that the matter would not settle due to the views of the Defendant which were quite contrary to the Plaintiff’s views. However, with the assistance of the Mediator, common sense prevailed and ultimately, a fair settlement was achieved, resolving the matter completely without the need of going to Court.

Our client was extremely happy with the settlement, being in excess of $280,000.00 public liability compensation said that the settlement represents a significant event in his life and that he can now move on with his life in the knowledge that a difficult case was hard fought and an excellent result achieved.

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