[2008] LTLPI 11.11.08  

Claimant attended Defendant hospital with facial injury and diagnosed with fractured left zygoma complex. Claimant underwent surgery to elevate zygomatic bone and a retrobulbar haemorrhage occurred. Left eye was expelled from socket with pupil becoming dilated and fixed. The orbit, medial wall and extra-ocular soft tissue compartments were all decompressed, however, nearly all vision was lost in left eye.  

Claimant alleged that Defendant had incorrectly diagnosed fracture without adequate radiographic confirmation and performed surgery negligently by elevating the zygomatic bone and causing it to fracture, which resulted in a haemorrhage. Liability disputed by Defendant on basis x-rays were adequate and diagnosis was correct; the haemorrhage was a very rare complication. Claimant had suffered permanent loss of vision reduced to 1% in left eye and suffered pain for twelve months. Claim settled at half value due to conflicting medical evidence.  

Out of court settlement: £20,000 (estimated General Damages £16,000).