All Posts Tagged: medical negligence case liability

Advice about a Lip Implant Injury Compensation Claim

In order to receive legal advice relevant to your specific circumstances, speak with a solicitor about making a lip implant injury compensation claim.

If you have experienced an adverse event due to a poor standard of cosmetic surgery in Ireland, certain conditions have to be fulfilled before you can make a lip implant injury compensation claim. Having experienced an adverse event in itself is not sufficient grounds to claim compensation for a lip implant injury – particularly if you gave your informed consent prior to undergoing the procedure and were fully aware that the adverse event was a possible consequence.

Indeed, the first thing a solicitor will ask you is what information you were given before undergoing the procedure and whether you signed an agreement or contract. If so, your solicitor will need to review a copy to identify any exclusions or limits of liability. This will also help establish whether the adverse event was avoidable at the time and in the circumstances, and if your injury is attributable to a lack of skill or a lack of ability to demonstrate that skill.

If there is sufficient evidence to suggest “on the balance of probabilities” you have a lip implant injury compensation claim worth your while to pursue, your solicitor will write to the negligent cosmetic surgeon with a “Letter of Claim”. The letter will outline your injury and the consequences of your injury, explain why it is believed the injury was caused by negligence and request a proposal settlement of compensation for a lip implant injury.

An application for assessment will not be made to the Injuries Board, as lip implant injury compensation claims fall outside of their remit, and the value of your claim will be settled by negotiation once negligence has been acknowledged by the cosmetic surgeon. How much compensation for a lip implant injury you receive will depend on a number of factors including your age, whether or not the injury can be rectified and the reason for undergoing the procedure initially.

In this respect, your lip implant injury compensation claim will be unique from any other. To make sure you receive legal advice relevant to your specific circumstances, you should speak with a solicitor at the first practical opportunity.

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Woman Awarded Compensation for a Torn Artery during a Hospital Procedure

A fifty-year-old woman from Portlaoise has been awarded €855,000 compensation for a torn artery during a hospital procedure by a High Court judge.

The woman attended the Midland Regional Hospital in June 2002 for a routine diagnostic procedure to establish why she was unable to get pregnant. While she was under a general anaesthetic, a three-sided surgical instrument known as a trocar was inserted into her abdomen to allow for a laparoscopy.

However, during the insertion of the surgical instrument, the trocar punctured a vein and tore an artery, causing a significant amount of internal bleeding. A vascular surgeon was required to stop the bleeding, after which the woman spent two days on life support. As a consequence of the medical negligence, the woman continues to experience abdominal pain.

After seeking legal advice, the woman claimed compensation for a torn artery during a hospital procedure against the consultant obstetrician in charge of the procedure – Dr John Corristine – and the HSE. The defendants admitted liability for the original injury, but contested her continued abdomen pain was a consequence of the botched procedure.

At the High Court, Mr Justice Kevin Cross heard there was an alleged failure to ensure the equipment used for the laparoscopy procedure was in proper working order or that adequate precautions were in place to ensure the patient´s safety. He was told the woman lost eight pints of blood due to the torn artery, and that her pain and suffering is likely to persist for the rest of her life at its present level, if not worsen.

Judge Cross found that the botched medical procedure and the woman´s ongoing abdominal pain were linked. He said, although the injury was not catastrophic, the consequences of the medical negligence had significantly impaired the quality of the plaintiff´s life. Judge Cross awarded the woman €855,793 compensation for a torn artery during a hospital procedure to account for her past, present and future pain and suffering.

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Judge Approves Settlement of Meningitis Misdiagnosis Claim

A judge has approved the €5.6 million settlement of a meningitis misdiagnosis claim made on behalf of a young girl who had both legs avoidably amputated.

On the morning of 10th July 2005, the parents of the three-year-old girl phoned the South Doc out-of-hours doctor´s service in Cork, and expressed concerns about their daughter´s symptoms of a rash on her stomach, a high temperature, drowsiness and vomiting.

They were told to bring her into the South Doc clinic and, at 5:00am that morning, the girl was examined by Dr Leon Britz, who diagnosed tonsillitis and sent the family home. However, the young girl´s condition deteriorated in the following hours, and the family returned to the clinic at 9:30am.

On this occasion, a diagnosis of meningitis was made. The girl was taken to the A&E Department of Cork University Hospital, where she was administered antibiotics, and later transferred to Our Lady´s Children´s Hospital in Crumlin, where tragically she had to have both legs amputated below the knee. The girl, now fifteen years of age, underwent 132 operations over the following twelve years.

Through her mother, the girl made a meningitis misdiagnosis claim against Dr Britz and South West Doctors on Call Ltd – the providers of the South Doc out-of-hours doctor´s service. In the meningitis misdiagnosis claim it was alleged the girl suffered “profound consequences” due to the misdiagnosis and the opportunity was missed to administer antibiotics at an earlier stage.

Liability was admitted by the defendants and a settlement of the meningitis misdiagnosis clam amounting to €5.6 million was agreed between the parties. As the legal action had been taken on behalf of a minor, the proposed settlement had to be approved by a judge before it could be finalised to ensure it was in the girl´s best interests.

Consequently, at the High Court in Dublin, Mr Justice Kevin Cross was told the sequence of events on 10th July 2005 and of the “profound consequences”. After hearing that the girl was doing well at school and just about to sit her Junior Cert exams, the judge approved the settlement – congratulating her parents for the care they had given the girl and noting that the outcome could have been far worse.

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Class Action for Side Effects of Sodium Valproate Started in France

A class action for the side effects of sodium valproate has been started in France on behalf of children who sustained foetal valproate syndrome in the womb.

Sodium valproate is an active ingredient of the drug Epilim. Epilim was introduced in Ireland in 1983 after successfully treating patients in France for epilepsy and bipolar disorder for almost twenty years. Because it works by stabilising electrical activity in the brain, Epilim has also been prescribed for migraine and chronic pain.

Unbeknown to the medical profession in Ireland, pregnant women taking Epilim break down the sodium valproate and it is absorbed into the bloodstream as valproic acid. The valproic acid travels along the bloodstream and into the womb, where it can have an adverse effect on the development of the foetus. Children who have sustained foetal valproate syndrome in the womb have been born with a wide range of health issues from autism to spina bifida, and from a cleft palate to kidney development problems.

The side effects of sodium valproate during pregnancy were identified before the drug was introduced in Ireland, but the evidence was allegedly covered up due to not being sufficiently conclusive. Small scale studies have also failed to conclusively prove a link between Epilim and the side effects of sodium valproate during pregnancy, but now France’s National Agency for the Safety of Medicines (ANSM) has looked deeper into the issue and produced an alarming report.

ANSM researched the health of 8,701 children born between 2007 and 2014 whose mothers were known to have taken the French-branded equivalent of Epilim during their pregnancies. The agency believes it has identified up to 4,100 children suffering from the side effects of sodium valproate and discovered that hundreds of stillbirths during the period were also attributable to foetal valproate syndrome.

The results of ANSM´s research have prompted a class action against in France against the manufacturer of Epilim – Sanofi – on behalf of the children who sustained foetal valproate syndrome in the womb. The parents of the children claim that Sanofi did not do enough to warn the medical profession of the risks associated with taking Epilim during pregnancy and the side effects of sodium valproate.

 In Ireland, it is not known how many children have been diagnosed with foetal valproate syndrome. A support group – the FACS Forum – has called on the government to conduct an audit to identify the scale of the problem in Ireland and what support measures are needed for families. For further information, the FACS Forum can be reached via the disability-federation.ie website, or you can speak with a solicitor.

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Judge Approves Settlement of Compensation for Erb´s Palsy

A judge at the High Court has approved a €530,000 settlement of compensation for Erb´s palsy in favour of a six-year-old boy from County Kerry.

The boy on whose behalf the claim was made was born at Kerry General Hospital on March 22nd 2010. However, rather than being delivered by Caesarean section as had been requested by his mother on three separate occasions, the boy was delivered naturally with the assistance of a vacuum cup.

Due to the baby´s size, his shoulder got stuck as he passed through his mother´s birth canal and he suffered shoulder dystocia as medical staff tried to free him. Due to the force that was used during the procedure, the boy will now have a weakened left arm for the rest of his life.

On his son´s behalf, the boy´s father claimed compensation for Erb´s palsy against the Health Service Executive (HSE). Liability for the boy´s injuries was initially contested, but eventually the parties agreed on a settlement of compensation amounting to €530,000.

As the claim for compensation for Erb´s palsy had been made on behalf of a child, the settlement had to be approved by a judge to ensure it was in the boy´s best interests. The approval hearing took place earlier this week at the High Court before Mr Justice Kevin Cross.

At the hearing, Judge Cross was told that an ultrascan had shown the boy to be a large baby and, because of his potential size, his mother had requested a Caesarean section delivery during a consultation and again when she was admitted to hospital in labour.

The judge also heard that the boy is very good at maths and has learned to write with his left hand, although he is unable to close buttons or tie shoes and will struggle at sports later in life. The judge approved the settlement of compensation for Erb´s palsy and wished the family well for the future.

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Claim for Birth Injuries against Sligo General Hospital Heard in Court

A claim for birth injuries against Sligo General Hospital has been heard in the High Court ahead of the approval of an interim settlement of compensation.

In May 2010, the boy – on whose behalf the claim for birth injuries against Sligo General Hospital was made – was born by emergency Caesarean Section, more than two hours after a CTG trace had indicated he was suffering foetal distress in the womb. Due to the avoidable delay, the boy was starved of oxygen and now – six years of age – he suffers from cerebral palsy.

Although the boy has since moved to Canada, he made a claim for birth injuries against Sligo General Hospital through his mother. On behalf of Sligo General Hospital, the Health Service Executive (HSE) quickly acknowledged responsibility for the boy´s cerebral palsy injury and negotiations began to settle the claim. During mediation, HSE personnel not only apologised for a failure in its duty of care, but explained to the boy´s parents how the failure occurred.

Eventually it was agreed that the boy should receive an interim compensation settlement of €740,000 to cover the costs of his past care and the care he will need over the next five years. However, as the claim for birth injuries against Sligo General Hospital had been made on behalf of a child, the proposed settlement had to be approved by a judge to ensure it was in the boy´s best interests.

The approval hearing took place at the High Court, where Mr Justice Kevin Cross was told the circumstances surrounding the boy´s birth and the details of the settlement negotiations. As well as praising the boy´s parents for the care they had provided him with over the past six years, he commended the HSE for its attitude in the case.

Commenting that an apology and an explanation was “absolutely something to be encouraged”, Judge Cross approved the interim settlement of cerebral palsy compensation and adjourned the claim for birth injuries against Sligo General Hospital for five years. In five years, once assessments have been conducted to evaluate the boy´s future needs, the family hope that the option of a structured payment system will be in place to ensure their son´s financial security.

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Interim Settlement of a Claim for the Failure to Act on a CTG Scan Approved

The €1.35 million interim settlement of a claim for the failure to act on a CTG scan has been approved in the High Court in favour of a six-year-old boy.

The mother of the young boy from Bantry in County Cork made the claim for the failure to act on a CTG scan on her son´s behalf, on the grounds that – had a CTG scan taken during the later stages of her pregnancy been interpreted properly – her child would have been delivered by an emergency Caesarean Section procedure in a timely manner.

Instead, due to an alleged failure to act on the CTG scan, the boy´s delivery at the Cork University Maternity Hospital was delayed. He suffered foetal distress in the womb due to hypoxic ischaemic encephalopathy and, when he was delivered, he had suffered terrible brain damage and was blind. Now six years of age, the boy suffers seizures every day and requires 24-hours-a-day care.

The Health Service Executive (HSE) – against whom the claim for the failure to act on a CTG scan was made – denied liability for the boy´s birth injuries. However, after a period of negotiation, the HSE agreed to a €1.35 million interim settlement of compensation without an admission of liability while studies are conducted to assess the child´s future needs.

Because the claim for the failure to act on a CTG scan had been made on behalf of a legal minor, an approval hearing before Mr Justice Kevin Cross has scheduled for the High Court. At the hearing, Judge Cross was told that although the boy cannot speak, he is able to communicate his needs to his parents and carers from the Jack and Jill Foundation.

Mr Justice Kevin Cross also heard how it had been an ordeal for the family to get a compensation settlement from the State Claims Agency and that they was relieved that the legal process was over. Judge Cross approved the interim settlement of compensation – stating that it was a good one in the circumstances – and adjourned the case for three years.

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Claim for Undiagnosed Complications during Pregnancy Heard in Court

A claim for undiagnosed complications during pregnancy that resulted in a child suffering spastic diplegic cerebral palsy has been heard at the High Court.

The claim for undiagnosed complications during pregnancy was bought by the child´s mother against the Health Service Executive (HSE) and Cork University Maternity Hospital after her son – one of twin boys born on 5th October 2010 – was diagnosed with spastic diplegic cerebral palsy.

The High Court heard that a scan conducted in June 2010 revealed a low-lying placenta, and that a second scan in September 2010 indicated there was a risk of vasa praevia – a pregnancy complication in which babies blood vessels cross or run near the internal opening of the uterus.

It was alleged in the court action that the Cork University Maternity Hospital should have conducted a more specific scan in September 2010 to address the risk of vasa praevia, and that the hospital demonstrated a failure to exercise reasonable care at the antenatal stage of the pregnancy.

As a result of the alleged negligence, one of the twins suffered foetal distress in the womb. He now suffers from spastic diplegic cerebral palsy, resulting in mobility and cognitive difficulties. Despite being flown to Missouri for Selective Dorsal Rhizotomy to help him walk for the first time, he requires a walker or a wheelchair whenever he gets tired or ill.

At the High Court the HSE testified it was not normal practice to carry out a second scan to address the risk of vasa praevia and that it contested liability in the claim for undiagnosed complications during pregnancy. However, the court also heard that the HSE had agreed to an interim settlement of compensation for spastic diplegic cerebral palsy amounting to €1.98 million.

After hearing that the boy – now six years of age – had won a National Children of Courage Award in 2014, and that the funds will be used to provide him with greater access to private physiotherapy, speech, language and occupational therapy, the interim settlement was approved. The case will return to the High Court in five years after the boy´s future needs have been assessed.

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Claimant Recovers Compensation for the Delayed Diagnosis of a Detached Retina

A Kent man has recovered compensation for the delayed diagnosis of a detached retina after being told that his vision was deteriorating because of his age.

The claimant – a sixty-year-old man from Chatham in Kent – first visited his High Street optician two years ago complaining of “floaters” or small shadowy dots in his vision. His optician told him that he had suffered a posterior vitreous detachment – a common condition that affects around 75% of people aged sixty-five or older – and warned him to look out for signs of future retinal detachment.

In May last year, the claimant´s vision suddenly deteriorated. The volume of floaters affecting the vision of his left eye significantly increased, he noticed a vertical veil in the eye and his vision became hazy. He returned to the optician in June with concerns that he had suffered a detached retina, but after a brief examination was told there was nothing to worry about.

Over the summer, the claimant´s vision deteriorated further. On a further visit to his optician, he asked for a referral to a consultant ophthalmologist and was told that the referral would have to go via his GP. Eventually he was referred to Maidstone Hospital in August where a detached retina was diagnosed. Four days later, he underwent an emergency repair procedure at St Thomas´ Hospital in London.

After recovering from the procedure, the man sought legal advice and claimed compensation for the delayed diagnosis of a detached retina against his optician. The claim was complicated by the fact that two of the opticians that had examined him were locums and difficult to pin down. The claim was also contested on the grounds that the claimant had made a full recovery.

However, the claimant´s solicitor pursued the claim for compensation for the delayed diagnosis of a detached retina. He argued that the avoidable delay had deprived his client the opportunity to have his condition resolved with laser surgery, and instead he had undergone a more serious emergency repair procedure with a longer recovery time.

When the optician continued to contest the claim, the solicitor issued court proceedings. Rather than attempt to defend the claim in court, a £9,000 settlement of compensation for the delayed diagnosis of a detached retina was agreed. The optician also paying the claimant´s legal fees.

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Minister Plans to Enforce Medical Negligence Open Disclosure Policy

Health Minister Simon Harris has announced that he is to push forward with legislation to enforce a medical negligence open disclosure policy.

The Health Minister´s intentions to push forward with legislation to enforce a medical negligence open disclosure policy were revealed in an address to delegates at the State Claims Agency´s first annual “Quality, Patient Safety & Clinical Risk Conference” at Dublin Castle on Monday.

Mr Harris said that the establishment of a new National Patient Safety Office would “lead a program of significant patient safety measures” that included a review of how adverse medical events are disclosed to patients and their families and the process for claiming medical negligence compensation.

The National Patient Safety Office will be led by a team of experts under the auspices of the Department of Justice and Equality. Its roles include:

  • Setting up a national patient advocacy service.
  • Introducing a patient safety surveillance system.
  • Establishing a national advisory council for patient safety.

The National Patient Safety Office will also be responsible for accelerating the progress of the Health Information and Patient Safety Bill – although enactment of the bill may not be possible until the EU has concluded its work on revised European-wide data protection standards.

This is because the Health Information and Patient Safety Bill contains measures to protect patients´ private healthcare information while aiming to create a national network of healthcare data to improve the provision and management of healthcare services throughout Ireland.

The news that the Health Minister at least intends to enforce a medical negligence open disclosure policy will be welcomed by legal figures and patient safety experts who have campaigned for many years for a legal duty of candour to be introduced.

Some have claimed that the HSE´s 2013 national guidelines for open disclosure have been widely ignored since their publication, and that former Health Minister Leo Varadkar missed an opportunity to enforce a medical negligence open disclosure policy in the Civil Liberty (Amendment) Bill 2015.

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