Back to news

Significant Compensation for medical negligence involving  strokes caused by  Anaesthetist’s  negligence


Posted in News on Wednesday, May 7th, 2025

On the 27th February 2025, Karen Kearney, Ernest Cantillon and Karen’s team  Tricia Sisk and April  Wiseman successfully settled a medical negligence  claim  for a gentleman who suffered  2 strokes  in hospital  due to medical negligence.

Our client had been  admitted to a private hospital with abdominal pain and a decision was made to carry out surgery for bowel obstruction.

The surgery was performed by a Surgeon  who requested an Anaesthetist  to insert a central line for the administration of parenteral nutrition (TPN) post-surgery.

The insertion of the central line was performed by the Anaesthetist  during the surgery.

Unfortunately, the central line was inserted through the vein into the right carotid artery, which is a blood vessel that supplies blood to your brain, face and neck.

This misplacement/mistake was not recognised at the time or indeed not for  some five days post the surgery.

The Anaesthetist failed to undertake  the necessary checks to ensure that the central line was in the correct position.

Neither did our client’s Surgeon.

And a Radiologist who reported on a chest x-ray failed due to negligence  to recognise that the central line was in the carotid artery.

Incredibly, the line was used to administer TPN, take blood, and to administer antibiotics on 15 separate occasions during the five day period  and as a consequence of the line being in the carotid artery, our client  suffered two strokes  affecting his left upper limb and left lower limb.

The cause of the strokes was only identified on the evening of the fifth day following the surgery  when a Nurse in the ICU noted increased pressure  in the central line and alerted the on call Anaesthetist at the hospital who performed tests which revealed that the central line was in the carotid artery.

Our client suffered significant injuries as a consequence of the medical negligence to  include:

  • He suffered two strokes leaving him with lasting neurological deficits in his left arm and leg leaving him prone to falls
  • He  spent months in Hospital
  • He was forced to give up his livelihood, farming,  and sell his cows and rent out his farm
  • Fatigue
  • Speech difficulties
  • Psychological difficulties
  • He requires numerous therapies, to include SLT, physiotherapy for life arising from his injuries
  • He was unable to drive for a number of years – largely due to loss of confidence
  • His risk of seizures was doubled

Our client came to us to find out what went wrong. He had already requested copies of his records from the treating Hospital and received some but not all  of his records and we requested a complete set.

When we reviewed the records, we identified areas of concern and  advised our client  that the matter should be investigated further.

Our client accepted our advice and asked us to continue our investigations.

We used our expertise in this complex area of litigation and identified and secured the services of appropriate experts based in the UK to assist and review the records and our instructions.

We commissioned a report from an expert Anaesthetist who advised that the Anaesthetist who inserted the central line was negligent.

We commissioned a report from an expert Surgeon who advised that our Plaintiff’s Surgeon was negligent in failing to ensure that the central line was in a satisfactory position before TPN was commenced.

We commissioned a report from an expert Radiologist who confirmed that the chest x-ray was negligently reported on by the Hospital’s Radiologist  by failing to identify the misplaced central line.

We commissioned a report from an expert Neurologist who confirmed that the negligence caused our client’s strokes.

Our client had to sue the Anaesthetist, the Surgeon and the Radiologist as well as the Hospital as it was a private Hospital.

Three different Insurance Companies were involved (one acted for both the Surgeon and the Radiologist) and they instructed three different firms  of Solicitors.

They all denied negligence and in fact positively asserted that the care afforded to our client was appropriate.

The fact that there were three firms of Solicitors defending the case meant we had lots of chasing to do and we used every strategy available to us  to get the case to Court as quickly as we could.

It can take 6 years for a medical negligence claim in Ireland.  We got the case settled for our client in less than 5 years from the time he contacted us, which was no mean feat given the number of Defendant Doctors and lawyers involved and they fought the case tooth and nail right to the end.

The Anaesthetist eventually admitted  medical negligence some 8 working days prior to the Trial date.

After an unsuccessful Mediation, the case settled on the first day of the Trial.

We achieved  a seven figure sum to compensate our client for his past and future pain and suffering and his past losses to include his loss of earnings, doctors’ fees, medication expenses, therapies, travel and his future losses to include his loss of earnings, care costs, house adaptations, doctors’ fees, medication expenses, therapies etc.

We were delighted to be able to assist such a deserving client to achieve justice and peace of mind and security for his future.

Contact us at Cantillons Solicitors at +353 (0)21 4275673 or info@cantillons.com  if you would like more information.

* 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 Solicitors

Ernest J. Cantillon

Managing Partner

Karen Kearney

Partner

How can we help?


We are always happy to accommodate you at a time and place that best suits your needs.

We have Solicitors based in various locations, including Cork, Limerick and Dublin. We can arrange a meeting at a location that is suitable to you.

If you would like to speak to a member of our team outside of office hours then please contact us using the form below. We are happy to accommodate a virtual consultation, via Zoom or otherwise also.


If you have a query send us a message…


    Website by Doodle