McHale & Co. Solicitors Blog

We were instructed by a client in 2010 that had been subject to an unprovoked physical assault causing him to be knocked to the ground and become momentarily unconscious. His assailants were known to him and they ran from the scene of the crime.

Our client was taken to a local hospital were bruising to his face and an injury to his eye socket were noted. X-rays were also taken which confirmed a fracture of the right cheek bone. Our client was discharged with painkillers and told to attend a follow up appointment with an eye surgeon in a few weeks time.  A few weeks later our client attended his GP practice, concerned with the appearance of his cheekbone and the pain he was experiencing. The GP immediately made a referral to a Maxillofacial Surgeon, with an appointment to be carried out within 48 hours.

Upon attending the appointment with the surgeon, our client was advised that plates should have been inserted into the eye socket and cheekbone within a few days of the assault taking place. Our client was advised that due to the delay in treatment it was now too late to reduce the fracture of the cheekbone. Our client was given the choice of leaving the cheek as it was or having major surgery to re-break the cheekbone which he was strongly advised not to do.

Our client sought a second opinion and was advised that an implant could be inserted to reduce the cosmetic impact of the fracture and also to provide support and stability to his face. This was carried out shortly afterwards and our client was pleased with the outcome. However, residual pain remained as did intermittent swelling of the cheekbone which affected the client’s sleeping.

We were successful in receiving compensation for our client in the sum of £12,000 from the NHS Trust as a result of their failure to perform surgery to repair the cheekbone when they should have. Furthermore, additional compensation is currently being sought for our client for the criminal assault he was subject to by way of the Criminal Injuries Compensation Authority.