Surgical Injury Claims Stories
Settlement Achieved for Plaintiff who suffers a left above-knee leg amputation as a result of negligence during surgery
Clare Flavin investigated the standard of care afforded to the Plaintiff and obtained expert evidence which confirmed that the Plaintiff’s artery was negligently injured during the course of surgery and that but for same, the Plaintiff would not have lost his left leg or suffered from a faecal fistula. The Plaintiff’s quality of life was significantly impacted because of his very serious injuries. Reports were obtained from a variety of experts in areas covering nursing care, occupational therapy, physiotherapy, prosthetics, rehabilitation, pain management, psychiatry and architecture in order to assess the Plaintiff’s future requirements.
Proceedings were issued in August 2018 and given the unfortunate progression of the Plaintiff’s cancer, it became necessary to expedite the claim and a trial date was obtained in June 2019. During a mediation in May 2019, the case settled for a substantial amount together with the Plaintiff’s costs.
DD v HSE & Colo-rectal surgeon
The polyp had been anatomically located at the hepatic flexor (right side of the large intestine) at its junction with the traverse colon and, apparently, the consultant believed that this is the site which he “tattooed”.
He therefore had to convert the right hemi colectomy to an extended right hemi colectomy which involves removing (as he had already done) the ascending colon as well as the entirety of the transverse colon and a portion of the descending colon.
The Plaintiff claimed that the more extensive surgery which was carried out by the doctor was unnecessary and, in fact, she should have undergone a left hemicolectomy and by reason of the extent of the surgery she suffered from significant injuries with significant impact on her day to day life.
The Defendant denied that any negligence occurred, but the case was settled for a substantial sum, to include the Plaintiff’s legal fees, shortly before the trial date.
Stillbirth/Neonatal Death Story
Sepsis Claims Story
The Plaintiff was referred to a gynaecologist to have a Posterior Repair Fixation and Mesh Procedure. The purpose of that procedure was to deal with a vault prolapse, from which the Plaintiff was suffering. Following the procedure, the Plaintiff developed complications and became unwell. Anti-biotic therapy was commenced, and the Plaintiff was discharged home but she continued to suffer from significant symptoms. She was readmitted to hospital suffering from severe sepsis and septic shock.
Tear Claims Story
Substantial Settlement Achieved for Plaintiff who Suffered from Sepsis and Undiagnosed Third-Degree Tear Following Delivery. The Plaintiff in this matter attended a regional maternity hospital for antenatal care when she became pregnant with her second child. The Plaintiff delivered a healthy baby by way of an assisted delivery and an episiotomy.
Cancer Misdiagnosis Claims Story
Ms Alison McCormack, the Plaintiff in this case, sought compensation for personal injuries caused as a result of the failure of St James’s Hospital to properly interpret and diagnose the fact that she was suffering from invasive ductal carcinoma when she underwent testing in September, 2010.
Fatal Claims Story
Marian Tracy was advised by her doctor to undergo a thyroidectomy. She attended at St. James’s Hospital where her anticoagulation medication was changed from Rivaroxaban to Heparin and she was deemed fit for surgery. On the 14th May 2015 she underwent a total thyroidectomy and the post-operative advice given was to monitor the patient for haematoma.
Medical Misadventure Verdict in the Inquest into the Death of Baby Darragh Butler at the Coombe Hospital. We represented the parents of Baby Darragh Butler, Deceased at the inquest into his death. The Coroner ruled that he died as a result of medical misadventure.