Surgical Injury Compensation Awarded Following Hysterectomy Negligence

A woman, who sustained both physical and emotional trauma due to the negligence of a consultant obstetrician and gynaecologist, has been awarded €438,000 in surgical injury compensation following a court hearing.

Cynthia Kinsella, aged 52, from Dublin, underwent the operation in April 2008 after developing menorrhagia – an illness which results in heavy menstrual bleeding. Three weeks after her operation she started bleeding from the bladder – an affliction known medically as a fistula – which lead to major distress and loss of amenity.

The presiding surgeon for the operation – consultant obstetrician and gynaecologist, Dr. Gerry Rafferty – was also involved at a second operation in July in an attempt to fix the problem; where it was found that the condition may arisen due to a misplaced suture in the bladder. After being advised that the probable cause of her injury was her surgeon´s negligence, Cynthia sought legal advice and subsequently made a claim for surgical injury compensation.

Liability for Cynthia´s injuries w as not admitted by Dr Rafferty – claiming that her condition was due to an unusual complication of the hysterectomy procedure – despite this Mr Justice Iarfhlaith O’Neill rejected the surgeon´s argument at the High Court and found in favour of Cynthia negligent hysterectomy claim for compensation.

In assessing how much Cynthia should receive in surgical injury compensation, Mr Justice Iarfhlaith O´Neill was informed that Cynthia had been made redundant from her job as senior secretarial position with an engineering firm in November 2008. As a result of the combination of her fistula condition and the severe anxiety she suffered as a result of her surgeon’s negligence, Cynthia was unable to find alternative employment and has not worked since being made redundant.

Justice O’Neill said that he was satisfied that Cynthia´s capacity for work had been affected by her condition and that there was little prospect of her finding employment in the future due toit. Awarding Cynthia €200,000 compensation for past and future pain and suffering, €225,000 for past and future loss of earnings and €13,184 for medical negligence special damages, Mr Justice Iarfhlaith O’Neill said that had Cynthia not suffered as a result of the surgical injury, he believed she would have in all probability found alternative work after her redundancy.



Posted in Doctor Negligence in Ireland, Hospital Negligence in Ireland, Medical Accidents in Ireland, Medical Negligence in Ireland Tagged with: