Augustus Cullen Law have recently settled a case on behalf of a Plaintiff who suffered injuries during an elective hysterectomy. The Plaintiff underwent the total abdominal hysterectomy with bilateral salpingo-oopherectomy surgery and was discharged home from the hospital four days after the procedure. The Plaintiff began to feel very unwell in the subsequent days resulting in her return to hospital by ambulance where she learned that her bowel had been perforated. She was required to undergo a right hemicolectomy and primary anastomosis. However, a few days later she underwent an emergency laparotomy for an anastomotic leak.The Plaintiff’s recovery required an extended period in hospital and she also required a colostomy bag. The Plaintiff required the colostomy bag for over two years until she underwent reversal surgery which comprised a two-part operation.
The Plaintiff contacted Augustus Cullen Law who obtained expert opinion from a Consultant Gynaecologist in the UK. He was of the opinion that the Hysterectomy operation was not clinically indicated in the Plaintiff’s case and expressed the view that to perform an operation as major as a hysterectomy without any clinical indication was sub-standard care, and any complication that ensues is therefore the consequence of a sub-standard action. Further expert opinion was also obtained from a Colorectal expert who was of the opinion that there was a breach a duty in relation to the attempt to perform a primary anastomosis when the Plaintiff was returned to hospital which resulted in further complications and a protracted recovery period.
Proceedings were issued against the hospital in early 2015. Prior to the delivery of a Defence on behalf of the Defendant, settlement negotiations took place and the Plaintiff accepted the sum of €275,000 plus costs which were paid without an admission of liability.
15 May 2017