A midwife, who suffered a fractured wrist after slipping on a wet floor, was awarded €48,820 damages by the High Court recently.

The court heard that on the day of the accident, there had been a deluge at lunchtime and rain water leaked through the roof on to the top floor of a hospital. The midwife told the court that she slipped on the wet floor and fell on her right side. Her hand took the brunt of the fall.

She was, she said, shaken and her right knee and hip were also sore. She continued working but the pain in her wrist got worse and became swollen. X-rays confirmed a hairline fracture and her wrist was put in plaster. She told the court that there was a damp patch on the ceiling near the spot where she fell.

Liability was not contested and the case came before the court to assess damages. Awarding damages of €48,820, Mr Justice O’Neill said the midwife suffered a nasty fall and a significant fracture injury. He noted she was out of work for three months. As a senior midwife she had to use her hands on a daily basis. Notwithstanding that the injury had healed, she still suffered pain.

He awarded €30,000 for past pain and suffering, €15,000 for future pain and suffering, €2,460 for loss of earnings, with minor expenses making up the balance. The Injuries Board’s Book of Quantum provides for awards of between €22,400 and €61,800 for wrist fractures resulting in significant ongoing incapacity or limitation.

In England the Judicial Studies Board Guidelines provide for awards between £8,000 (about €9,300) and £15,750 (about €18,300) for similar injuries. (Rose v HSE South East Area: High Court, Waterford, June 2013)