Another substantial out of court settlement for couple following misreading of her cervical slides and surgical negligence by her Consultant Gynaecologist
Posted in News on Thursday, July 28th, 2022
Orla Kelly and the Medical Negligence Team were pleased to assist a lady who developed cervical cancer following a misreporting of her cervical slides which if reported correctly at that stage, would have avoided her developing cervical cancer. In addition, she received negligent treatment from her Consultant Gynaecologist, who performed a subtotal instead of a total hysterectomy and therefore missed a further opportunity to prevent the cancer developing.
Because of these missed opportunities she went on the develop cervical cancer which required chemotherapy and radiation. The radiation left her with significant bowel injuries which left her fighting for her life on the Intensive Care Unit at Cork University Hospital. She required a stoma at one stage for a period until it needed to be reversed.
This lady and her partner’s life were changed dramatically because of the negligence.
Extensive reports were gathered to demonstrate their extensive physical and psychological injuries. The proceedings were complicated and hard fought by all three Defendants – Quest Inc, the HSE and the South Infirmary Victoria university Hospital. – who all denied liability at all stages, despite the fact not one of the three Defendants produced any evidence to say that the slides were not misreported and further despite that fact that the failings in the Cervical Check system were acknowledged by the Government and Dr Gabriel Scally’s Scoping Inquiry into the CervicalCheck Screening Programme.
We attended Mediation shortly before the scheduled trial date and we were able to resolve the matter out of court. It is disappointing that the Defendants left it so late in the day to agree to Mediation, when clearly this matter could and should have been resolved at a much earlier point in time.
Thankfully we achieved a substantial seven figure sum to compensate the couple for their injuries.
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