Medical Negligence Claims Ireland
Medical negligence claims in Ireland have to demonstrate that you or a loved one suffered a loss, an injury or the deterioration of an existing condition due to the negligence of a medical practitioner who owed you a duty of care. Because claims for medical negligence compensation in Ireland are resolved by medical opinion rather than tangible fact, you are unable to apply to the Injuries Board for an assessment of your claim and instead should seek professional legal advice from an experienced solicitor on our Free Help Line. All calls are treated with complete confidentiality and there is no obligation on you to proceed with a medical negligence claim for compensation once you have spoken with us.
Posted: April 16th, 2012
A woman, who had to undergo a tracheostomy operation after a negligent doctor severed a nerve in her neck in a previous surgical procedure, has won an undisclosed settlement of compensation for windpipe injury medical negligence.
Joanne Roche (42) from Bridlington, East Yorkshire, underwent the original operation in February 2008 at the Scarborough Royal Infirmary when she was brought in for routine surgery to remove a thyroid gland. However, when she awoke from the anaesthetic, Joanne knew immediately that something was wrong.
The surgeon who had performed the operation – Dr Nayef El-Bhargouti – had severed a nerve to Joanne´s vocal chords, which were blocking her airways, leaving her struggling to breathe whenever she lay back and unable to talk.
Although she was allowed to depart hospital, and even return to her part-time job as a health-care assistant, Joanne´s condition failed to improve. Four months after her original operation she had to undergo a tracheostomy operation to insert a tube into her throat to enable her to breathe more clearly.
Joanne at first had no intention of making a claim for windpipe injury medical negligence compensation, but after the tracheostomy had been inserted, Joanne was unable to speak without placing a hand over the opening in her throat, has become more prone to infections and has to avoid family events – such as swimming – where there is a risk that water may get into her lungs.
After taking legal guidance, Joanne made a windpipe injury medical negligence claim against Dr Nayef El-Bhargouti and the Scarborough and North East Yorkshire Trust. In the course of constructing the claim, Joanne´s solicitors discovered that Dr Nayef El-Bhargouti was not skilled in thyroid surgery and her operation had been done in half the time it should have.
Joanne made a complaint to the General Medical Council, who suspended the doctor. After such a clear indication of liability, the Scarborough and North East Yorkshire NHS Trust made an undisclosed offer of compensation for windpipe injury medical negligence which Joanne accepted and which will enable her to afford special breathing apparatus so that she may enjoy swimming with her children once again.
Posted: January 21st, 2012
A claim of GP malpractice is being examined by The Medical Council is investigating in the aftermath of claims of doctor negligence against a Dublin GP who allegedly over-prescribed psychoactive benzodiazepines.
It is claimed that Dr Mohammed Ahmed Khan, with a practice in Wicklow Street, Dublin, prescribed up to four times the recommended dosage of drugs such as Valium to patients suffering from anxiety and depression. The Medical Council are also looking into claims that Dr Khan failed to make sufficient enquiries as to whether any of the patients he was prescribing these drugs to were already being treated by another doctor.
Dr Khan has additionally been accused of poor professional performance due to his alleged failure to refer patients with a dependency on benzodiazepines to drug treatment centres or specialist substance misuse practitioners and due to his reliance on prescription drugs where an alternative form of treatment may have been more beneficial to the patient or in their best interests.
The Medical Council polices doctors to practise medicine in the Republic of Ireland. Its statutory role, as outlined in the Medical Practitioners Act 2007, is to protect the public by promoting and better ensuring high standards of professional conduct and professional education, training and competence from registered medical practitioners.
Posted: January 15th, 2012
Increased awareness of patient rights has resulted in a dramatic increase in claims for medical negligence against the National Health Service (NHS) in the UK. According to government statistics, the number of claims made in the past five years has increased 5,697 to 8,655 per year, and has forced the NHS Litigation Authority to seek additional funding from the Health Secretary, Andrew Lansbury.
Tom Fothergill, financial director of the NHS Litigation Authority, stated that marketing by “No Win, No Fee” solicitors had contributed to the public body´s financial shortfall and had added a premium to legal costs. However, he was also quick to point out that legislation which linked the wages of claimants´ carers to earnings rather than inflation has also led to increased payouts.
With approximately 100 claims for medical negligence every year relating to birth injury compensation, and the average value of each claim close to 6 million pounds in the lifetime of the child, an improvement in the survival rates of brain damaged babies – who will require a lifetime of care – has also placed significant strain on the NHS Litigation Authority´s budget.
A further 185 million pounds is needed by the NHS Litigation Authority to prevent it running out of money by the end of the financial year, a sum which has been approved by Mr Lansbury and health minister Lord Howe. Following the announcement of the bail-out Lord Howe stated “Following a review of claims, we have made additional funds available to the NHS Litigation Authority in order to make sure that those claimants who are entitled to compensation receive it in a timely way.”
Posted: December 8th, 2011
A woman who had her stomach wrongly removed after being misdiagnosed with cancer has won her hospital negligence claim and received an undisclosed settlement from Mid Staffordshire General Hospitals NHS Trust.
The 74-year-old woman from Rugeley, Staffordshire, underwent the surgery in 2004 after doctors told her that a stomach tumour was malignant. She later found out from support medical staff that her test results had been misinterpreted and that the tumour was benign.
As a result of her operation and recovery period the woman, who wants to remain anonymous, has lost a significant amount of weight and suffers from painful digestive problems. She has not been able to continue the voluntary work she did before the operation and now requires regular care and assistance.
The undisclosed out-of-court UK medical hospital negligence claim settlement has been calculated to include the psychological trauma of being told that she had a life-threatening tumour inside of her and the deterioration in her quality of life due to the unnecessary surgery. It will allow the woman to receive a higher level of care in the future and support to help her recover from her traumatic ordeal.
Posted: November 23rd, 2011
A couple from Staffordshire have been awarded an undisclosed baby hospital medical negligence settlement after their son coughed up a tube which had been left in his throat following a surgical procedure.
Claire Thomas of Cannock, Staffordshire, had just given birth to her son, Owen, at the Stafford Hospital in February 2007 when the error happened. Owen had been a complicated birth, and because he had experienced should dystocia during the delivery, an endotracheal tube had been inserted into his throat to enable him to breathe.
Due to the birth difficulties, Claire and Owen were still in the specialist care unit at Stafford Hospital ten days later when Owen started choking. Claire hit him on the back, and Owen coughed up the six inch tube which had been left in his throat following the operation.
After taking legal guidance, Claire and her husband, Kevin registered a hospital medical negligence claim against the Mid-Staffordshire NHS Foundation Trust which has now been resolved for an undisclosed sum. Owen, their son, has sadly suffered no long-term consequences as a result of the hospital oversight.
Posted: October 23rd, 2011
A man, who was woken during surgery to tell him that his heart operation had gone wrong, has received a six-figure sum in compensation after making a wrong side of the heart medical negligence compensation claim.
Steve Edwards (51) from Weston-Super-Mare, North Somerset, was having a minor heart operation at the Bristol Royal Infirmary in 2008 when the error occurred. During the surgery, an item of equipment fell, causing a radio pulse to be applied to the wrong side of his heart.
The mistake meant that Mr Edwards would require a pacemaker to be fitted, and the heavily anaesthetised was brought around to advise him of the treatment he required. Mr Edwards alleged in his action against the Bristol Royal Infirmary that he did not appreciate the severity of the issue at the time, and it was only in an outpatient´s appointment ten weeks later that the full extent of the error became known.
Despite three subsequent attempts at corrective surgery, Mr Edwards will now need to wear the pacemaker for the rest of his life – meaning that he will have to undergo surgery once every seven years to replace the battery. The Bristol Royal Infirmary accepted negligence and agreed a six-figure sum in compensation with Mr Edwards´ legal representatives in an out-of-court settlement.
In a statement, the Bristol Royal Infirmary said “Technical errors during Mr Edwards’ cardiac ablation procedure resulted in the catheter moving and radio frequency energy being delivered to the wrong side of his heart. Further checks have been introduced to ensure that the catheter is perfectly placed before radio frequency energy is delivered.”
Posted: October 17th, 2011
A young woman, who was found to have cerebral palsy shortly after her birth, has had a birth injury cerebral palsy settlement of 1.4 million Euros approved in the High Court.
Deborah French (24) of Ballymitty, County Wexford, was diagnosed with cerebral palsy just after her birth in August 1987 at Wexford General Hospital. Her parents took a claim for birth injury compensation against consultant obstetrician Harry Murphy and the South Eastern Health Board, alleging that Dr Murphy had been negligent in the hours leading up to and during Deborah´s birth.
The case was settled without admission of liability by the defence, a course of action supported by Mr Justice John Quirke as he approved the settlement, stating that the conflicting opinions offered by medical experts may have put the family at risk of getting nothing in a trial.
The judge recommended that the funds be released to Deborah´s parents – Ann and John French – in annual amounts of 100,000 Euros.
Posted: September 13th, 2011
A renowned magician, whose doctor´s overlooked a severed tendon in his hand which threatened to end his career, has been awarded 15,000 pounds in an out-of-court settlement of his missed severed tendon negligence claim.
Kyle Summers (40) from Burbage, Wiltshire, had been to the Accident and Emergency Department of the George Eliot Hospital in Nuneaton after a piece of crockery he had been cleaning shattered in his hand. Doctors at the hospital took an x-ray of Kyle´s left hand to make certain that there was no china lodged in his thumb and then stitched the wound up and sent Kyle home.
When Kyle started to suffer difficulty performing his magic tricks, he decided to have it (the hand) looked at by his GP, but because the notes made at the hospital said that there was no damage to the tendon – even though the cut on Kyle´s thumb had been deep enough to reach the bone – the GP and a physiotherapist decided that the tendon had swollen.
It was after another check-up six weeks later that the true cause of the problem was identified. Kyle had to have two operations to insert a rod in his wrist and attach a thicker tendon before the injury started to get better. Only after a number of months of intense specialist physiotherapy did Kyle gain the dexterity in his hand to enable him to work again.
After seeking legal guidance, Kyle sued the George Eliot NHS Trust for missed severed tendon negligence compensation and, in an out-of-court settlement, received 15,000 pounds for the missed diagnosis of his severed tendon.
Posted: July 23rd, 2011
A twelve-year-old girl, who suffered severe brain damage due to mistakes made during her delivery, has been awarded 5 million pounds in a compensation for cerebral palsy..
Sophie Clarke (12) from Pontyclun, Rhondda Cynon Taf, was given birth to in 1998 at the Princess of Wales Hospital, Bridgend. However, a gross irregularity of Sophie´s heart rate was not recognised, despite it registering on monitoring equipment.
Had medical staff at the Princess of Wales Hospital noticed Sophie´s condition, they would have intervened and delivery her by Caesarean Section. However, they allowed the birth to continue naturally, causing Sophie to suffer from a lack of oxygen in the womb.
Sophie suffers from severe cerebral palsy due to the errors made at the hospital and now needs twenty-four hour care, is fed via a tube and is confined to a wheelchair.
Solicitors on behalf of the family sued the Abertawe Bro Morgannwg University Health Board for negligence, and in a hearing at Cardiff Crown Court the negotiated settlement of 5 million pounds was approved.