A Special Olympics athlete whose career was cut short has received compensation for a missed diagnosis of a fractured knee, which rendered her unable to compete in the games.
Amy Rose McGowan (31) from Trim in County Meath made her claim for the missed diagnosis of a broken knee following an incident in 2009. Amy, a keen athlete who was training for the Special Olympics, had fallen and hurt her knee during a 50 metre sprint race. She received emergency medical attention on site, and was taken to Our Lady´s Hospital for a precautionary x-ray on May 8th 2009. An x-ray of the region was taken, and further medical procedures followed. However, doctors overlooked the depressed fracture and diagnosed Amy´s injury as soft tissue damage.
Amy continued to experience pain in her knee long after the soft tissue damage should have healed. Months after the initial fall, she attended her GP to seek further medial attention. It was only then that the fracture was discovered. Unfortunately for Amy, it was too late for operative or corrective intervention. She missed her opportunity to qualify for the Olympics. It is likely that Amy will also need to have knee replacement surgery later in life due to the failure to properly treat the injury at the time it occurred.
Amy sought legal counsel, and made a claim for the missed diagnosis of a broken knee. An investigation was launched into the circumstances of her treatment, and after the investigation at Our Lady´s Hospital was complete, the Health Service Executive admitted liability for her injuries. A settlement of €142,000 was agreed upon as suitable by the two legal teams. However, before Amy could receive the compensation, it first be had to approved in the High Court to ensure that it was in Amy’s best interests.
In the High Court, Judge Peart heard how Amy had previously won 34 medals and 10 trophies in the area of athletics and swimming before the accident. He said he was “very impressed and full of admiration” for her and that it was a pity that her athletics career had been cut short.
The judge approved the settlement of compensation for the missed diagnosis of a broken knee and wished Amy a happy life with her family before adjourning the hearing.