Daily Archives: May 6, 2014

Equality Tribunal - Disability Discrimination

The Equality Tribunal has awarded €12,000 for disability discrimination and €2,800 for loss of overtime to an emergency medical technician who was removed from the overtime roster after he was diagnosed with depression and was suspended on pay for several months following an altercation with colleagues.

For more information, visit: http://www.cipd.co.uk/global/europe/ireland/employment-law/recent-cases/equality-tribunal.aspx

Woman Recieves Compensation After Caeserean Operation

A woman has received compensation for post-surgical bleeding following a caeserean operation.

Honey Larkin brought her action against the Health Service Executive (HSE) after the birth of her child at the Letterkenny General Hospital in January 2008.

Larkin – from Letterkenny, County Donegal – claimed that in the aftermath of her operation, signs of internal haemorrhaging were overlooked by hospital staff. Due to the loss of a huge amount of blood, Larkin alleged, she underwent a near-death experience. It was only later that doctors discovered her condition and returned her to the operating theatre, she claimed. Larkin claimed that she now suffers from Post-Traumatic Stress Disorder as a result of the experience.

Although the court dismissed Larkin’s claims that the doctor in charge failed to act in an appropriate time, Larkin was awarded compensation as a result of the hospital ‘needlessly’ delaying Larkin’s surgery. Mr Justice Kevin Cross at the High Court awarded Larkin with €25,000 in compensation.

High Court Approves Compensation for Special Olympics Athlete

The High Court has today approved a settlement of missed diagnosis compensation for an athlete who had been determined to take part in the Special Olympics.

In May 2009, Amy Rose McGowan was in training for the Special Olympics that were to take place in Athens in 2011. Unfortunately, while competing in a 50 metre race, Amy Rose – who is originally from Trim, County Meath – sustained injuries to her knee.

Amy Rose was subsequently diagnosed with a soft tissue injury in Our Lady’s Hospital, Navan. A few months later, however, Amy Rose returned to her GP complaining of a pain in her knee.

During this second visit, her GP discovered that Amy Rose had in fact sustained a depressed fracture to her knee – an injury that would require subsequent surgery. This injury prevented Amy Rose from competing in the forthcoming Special Olympics that year.

Given the misdiagnosis by doctors at in the emergency department of Our Lady’s Hospital, Navan, Amy Rose made a claim for compensation against the Health Service Executive (HSE).

A settlement of misdiagnosis compensation amounting to €142,000 was later agreed between the two parties.