Substantial compensation following unnecessary and inappropriate surgery for a man with erectile dysfunction
Posted in News on Monday, May 8th, 2023
Karen Kearney and Ernest Cantillon of Cantillons Solicitors were successful in achieving a substantial six figure settlement for a client who had venous ligation surgery carried out on his penis. The medical negligence case was settled at Mediation after a lengthy legal battle and some two months prior to the case coming to trial in the High Court in Dublin.
In summary, our client suffered from erectile dysfunction for many years and was referred to the Defendant, a Consultant Urologist for treatment in respect of same. The Defendant performed a penile Doppler study on our client and thereafter a procedure known as a Nesbit procedure/venous surgery/vein ligation.
Our client subsequently developed numerous difficulties following the operation to include excruciating pain in his penis and significant shortening of his penis.
He required two further procedures on his penis which again resulted in excruciating pain to our client.
Our client came to us looking for answers as to what went wrong and why. We instructed an appropriate expert who confirmed causative negligence on the part of the Defendant. In essence, he was critical of the clinical decision to proceed to the venous ligation surgery. He advised that the only potential indication for such surgery is in a man with lifelong erectile dysfunction who has demonstrably abnormal penile veins. Such a man would likely not respond to oral therapy with drugs such as Viagra, as our client did. Therefore, in the expert’s view, the clinical history did not bring our client within the cohort of patients that would warrant such surgery. Furthermore, the expert advised that the Doppler study performed prior to the operation was normal with no evidence of arterial insufficiency and thus the Doppler study report should in and of itself have indicated to the Defendant that the surgery should not have been undertaken.
The Defence filed by the Defendant’s Solicitor was a full Defence, though following exchange of our experts’ reports with the Defendant’s experts’ reports, we were none the wiser as to what was the defence in the case.
Ultimately, and as previously stated, the matter settled at Mediation, without an apology or an explanation. After a long battle, our client secured a large (but much deserved) settlement to compensate him for his pain and suffering, both past and future, and his out-of-pocket expenses, both past and future.
Our client’s case was indefensible and it is difficult to understand the defend and deny approach that was taken by the Defendant and his Solicitors, instructed by the Medical Protection Society (MPS). Since they lost the case, the MPS were liable for the legal costs of Cantillons and the legal costs of the Defendant’s 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 if the MPS had admitted liability at an earlier stage.
Contact us at Cantillons Solicitors at +353 (0)21 4275673 or firstname.lastname@example.org 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.