Case Study 11

€1 Million Settlement for Surgical Negligence

Emma Kelly, a 42-year-old woman from Wexford, received a €1 million settlement after experiencing severe complications due to surgical negligence. In 2019, Emma underwent a routine laparoscopic surgery to remove an ovarian cyst. During the procedure, the surgeon failed to follow standard protocols, resulting in significant internal injuries.

Initially, the surgery appeared to be successful, and Emma was discharged from the hospital. However, she soon began experiencing severe abdominal pain, fever, and difficulty breathing. Concerned, she returned to the hospital, where further tests revealed that the surgeon had inadvertently perforated her bowel, causing a life-threatening infection known as peritonitis.

Emma required multiple additional surgeries to repair the damage and treat the infection. She spent several weeks in the hospital and endured a lengthy recovery process. The physical pain and emotional distress were immense, and Emma was unable to return to her job as a marketing executive.

“This settlement will help cover my ongoing medical expenses and lost wages. I hope it encourages greater accountability among medical professionals,” Emma expressed.

Emma’s legal team highlighted the need for adherence to established surgical protocols to prevent such incidents. The €1 million settlement aimed to cover her extensive medical expenses, lost income due to her inability to work, and the pain and suffering she endured. It also accounted for future medical needs and provided some financial security as Emma continued her recovery.

The hospital involved admitted their failure and committed to reviewing and improving their surgical procedures. This included enhanced training programs for surgeons, regular audits of surgical practices, and the introduction of advanced surgical technologies to reduce the risk of human error.

Emma’s case underscores the critical need for rigorous standards and thorough oversight in surgical practices. It serves as a reminder that even routine surgeries carry risks, and healthcare providers must remain vigilant to prevent such tragic outcomes. By learning from these mistakes, hospitals can improve patient safety and ensure better outcomes for their patients.

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Gary Matthews Solicitors