W v. PT

The Plaintiff was pregnant with her first child and under the care of the Defendant who is a Consultant Obstetrician & Gynaecologist at a large private maternity hospital in Dublin. The Plaintiff went into spontaneous labour at 36 weeks and delivered a baby girl by way of ventouse delivery following an episiotomy. Very shortly after the birth the Plaintiff noted that she passed faeces like material in the shower per vaginum which she reported to the medical staff. This occurred on a number of times of the following days and she attended her obstetrician to discuss this. He advised that her carry out an exploratory examination under anaesthetic to identify the problem. A haematoma was evacuated revealing a large recto-vaginal fistula which the Defendant attempted to repair. Unfortunately this repair was unsuccessful and two weeks later in conjunction with a Consultant Colorectal Surgeon a further exploratory examination was carried out under anaesthetic which again revealed the fistula which was approximately 1cm in diameter. The Plaintiff was referred to a specialist Colorectal Surgeon for further investigation and treatment with a view to a further repair in six months time when the area had settled and the swelling reduced. This repair was subsequently carried out and a 4th Degree Perineal Tear was successfully repaired.

The Plaintiff sued the Consultant Obstetrician alleging negligence on his part in resorting to ventouse delivery after only twenty minutes of pushing in a primiparous woman in the second stage of labour which it was alleged caused her to suffer the injury. In addition it was alleged that the Defendant had failed to identify the extent of the injury following delivery when he repaired the site of the episiotomy. Liability was contested by the Defendant and the matter was specially fixed for trial. On the morning of the trial settlement negotiations were commenced and a sum of €75,000.00 in damages was agreed to be paid to the Plaintiff in addition to her legal costs. This was felt to be a good settlement in light of the issue of liability and that her injury had been successfully repaired after a period of six months.

If you require any further information please contact:  Michael Boylan or Joice Carthy.

23 July 2010

    Gillian and all at Augustus Cullen Law, A million thanks for a great job done. Justice for our son at last!!

    Catherine, Liam & William

    Dear Michael, A great result was achieved because of your efforts and we were truly blessed to have you on our side.

    Kathleen, Medical Negligence Client

    Dear Joice…you are and have been very professional, sympathetic and dignified in all of your dealings with us and I put that down to one simple fact. You listened.

    James, Medical Negligence Client

    Geraldine, Thank you most sincerely for all your hard work and commitment to these children.

    Freda McKittrick, Head of Barnardos Beacon Guardian Ad Litem service

    Neil is an absolute gentleman to deal with – kind, tactful and very efficient. We could not praise him highly enough. He brought us through a horrible time.

    Sean, Medical Negligence Client

    Many thanks again for a job well done. We really appreciate all your hard work and practical advice.

    Corporate client in a commercial litigation matter

    Dear Jamie, You and your team in ACL were so professional, diligent and prompt. I have recommended you and the firm, and will continue to do so

    Lorraine McCarthy

    Gus Cullen and the firm’s approach to addressing the key issues was professional, yet personal, efficient yet attentive.


    The process is a difficult one and when you deal with people who are so professional and yet genuine/real people, it makes it so much easier... so thanks a million.


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