HYSTERECTOMY NEGLIGENCE

In a case before the High Court a woman who sustained both physical and emotional trauma due to the negligence of her obstetrician and gynaecologist in the carrying out of a hysterectomy was awarded €438,000 compensation.

The lady in question who was 52 at the time of the operation.  She had developed heavy menstrual bleeding which ultimately led to the hysterectomy operation.  A short few weeks after the operation she started bleeding from her bladder and suffered major distress and loss of amenity.

A second operation was carried out by the Consultant obstetrician and gynecological in an attempt to fix the problem where it was found that a misplaced suture had impacted on the bladder.   As is typical for many medical negligence cases liability was not accepted with the Doctor and Hospital claiming that it was an unusual complication of the procedure that led to the injury.   This was rejected in the High Court and compensation was awarded.

The High Court compensated this lady for her inability to secure employment as a result of her injury.   The injured party had been made redundant and was seeking alternative employment at the time of the procedure.   As a result of a combination of the physical impact of the negligence on her and the severe anxiety from which she suffered as a result of the negligence she was unable to find employment.   The Judge said that he was satisfied that her capacity for work had been affected by her condition and that there was little prospect of her finding employment in the future due to it.   He awarded her €200,000 compensation for pain and suffering and €225,000 for loss of earnings.    There were also some incidental amounts awarded

 

*a solicitor may not calculate fees or other charge as a percentage of any award or settlement.

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