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Large settlement following unnecessary major surgery


Posted in News on Tuesday, January 25th, 2022

Orla Kelly, assisted by Angela O’Donovan, represented a gentleman who was inappropriately advised that he had a cancerous neuroendocrine tumour and required urgent surgery.  Terrified that he had cancer and taking his Consultant’s advice he duly underwent major surgery without delay and a lengthy recovery period and time off work.

Following the surgery, he was in fact informed that what his Consultant had presumed to be a tumour, based on an incorrect interpretation of the radiology, in fact showed no evidence of malignancy and that in fact the surgery had not been required in the first place.

An explanation and apology were requested but neither was forthcoming, despite multiple requests.  Therefore, like many clients, he reluctantly decided that he wanted to issue proceedings in order to find out what happened, ensure it did not occur again to another person and to gain compensation for his injuries including losses to his business and the stress and anxiety caused to him and his family.  After a long battle, liability was finally admitted. Ultimately the matter was listed for hearing in order to assess the magnitude of the loss, because the Defendants would not agree to same.  Finally, on the day of trial, it settled out of court and a large settlement was achieved to compensate him for his loss.  In addition, they finally, over four years later, agreed to apologise to him for the hurt and wrongdoing and the injuries caused.

Since they lost the case, the State Claims Agency will be liable for the legal costs of Cantillons (which must be reasonable and proved) and the legal costs of the Defendant Solicitors.  There are frequent reports in the media about rising legal costs.  These proceedings are yet another example of how legal costs could have been minimised by the State Claims Agency if they had admitted liability at an earlier stage.  Proceedings might have been avoided altogether, if the Consultant and the HSE had been open and candid from the outset, as they are obliged to do under the HSE guidelines and the Medical Council guidelines.

Contact Our Medical Negligence Solicitors in Cork

If you are looking to make a cancer misdiagnosis claim, please contact Cantillons Solicitors using the contact form below, call us on +353 (0)21 4275673 or email us at info@cantillons.com for more information. Our offices are located at 39 South Mall, Cork. We do, however, represent clients from all over Ireland. Should you be unable to attend our offices, we are more than happy to travel to you, or conduct the meeting on Zoom.

* In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.  Many Personal Injury Solicitors portray themselves as “no win no fee Solicitors Cork”. This term can be misleading and it is essential that you discuss fees with the Personal Injury Solicitor you ultimately choose. At Cantillons Solicitors, we are entirely transparent.

Related Experts

Ernest J. Cantillon

Managing Partner

Orla Kelly

Partner

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