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Posted in News on Tuesday, December 19th, 2023

Karen Kearney, Ernest Cantillon and the Medical Negligence Team in Cantillons Solicitors acted on behalf of this client in a medical negligence claim against the HSE, prosecuted in the High Court in Dublin.

The claim related to our client’s treating  doctors’ failure (in a HSE run hospital) to appropriately treat and manage difficulties in his eye from the years 2015-2017 inclusive. The loss of vision has had a hugely adverse effect on our client’s working and personal life.

Our client first came to us in September 2017, looking for answers to the many questions he had about the appropriateness of the care afforded to him. We agreed to investigate the matter for our client and set about taking up his records from his treating practitioners and hospitals. While we were waiting on receipt of the records and in order to protect our client’s constitutional right of access to the Courts and to prevent the matter from becoming statute barred (out of time- the general rule is that Plaintiffs in Personal Injury actions have 2 years from the date of wrongdoing/negligence to issue proceedings), we drafted and issued a Writ in the Central Office of the High Court  The issuing of the Writ stopped  the two year period running any further against our client for a further twelve months within which we conducted our investigations. The investigations included the commissioning of a  report from an Ophthalmology Expert who confirmed causative negligence on the HSE’s part. In other words, that the care afforded to our client was negligent and because of that negligence, our client suffered loss of sight in his eye.  On foot of this report, our client instructed us to activate the Writ and prosecute a claim on his behalf.  Some three years on, and  after much endeavour on our part  on our client’s behalf, we completed an  exchange of pleadings with the Solicitors for the HSE  resting with  their Defence in which liability was admitted.

Unfortunately, our client suffered Loss of Earnings as a consequence of the Defendant’s negligence, but because he was self-employed a compilation of the past and future Loss of Earnings was extremely complex and required the engagement of a Forensic Accountant. We also engage an OT expert to assess our client in respect of his future OT needs. These needs included specific task lighting, additional ceiling lights, anti-glare glasses for driving, magnification aids and so on.

Ultimately, the case settled at Mediation some four months before the Trial date. The substantial settlement achieved for our client has brought him peace of mind knowing that his future needs will be met out of the monies received by him.

Contact us at Cantillons Solicitors at +353 (0)21 4275673 or  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


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