Augustus Cullen Law recently secured substantial damages in a medical negligence action on behalf of a woman who suffered severe injuries following elective surgery to remove sweat glands. The Plaintiff in this case underwent the surgery in 2008 to remove glands from her underarms by reason of the fact that she was suffering from hyperhidrosis, a condition which leads to excessive sweating. Following her operation the Plaintiff suffered a series of post-operative complications with her wounds which required extensive packing and wound dressing over a prolonged period of time. The Plaintiff was in considerable pain and was ultimately left with significant, permanent scarring at the sites of her operations which have had a major impact on her quality of life.
Augustus Cullen Law carried out a thorough investigation into the circumstances surrounding the Plaintiff’s surgery and obtained expert evidence that the technique employed by the surgeon in question was not generally approved surgical practice, that he failed to exercise reasonable care and skill in the performance of the surgery and that there was a failure to warn the Plaintiff adequately of the risks of complication associated with the procedure. Medical Negligence proceedings were commenced in the High Court in December 2010 against both the surgeon and hospital. A full Defence was delivered in October 2011 in which the Defendants claimed that the technique used was an accepted one, that it was not a new or untried procedure and that the operation was carried out in a competent manner by the Defendant surgeon.
Ultimately this case was listed for trial in the High Court to commence on the 10th July 2013. However, in advance of the hearing date settlement negotiations took place between the parties resulting in a settlement of €140,000 together with all of the Plaintiff’s legal costs incurred in bringing this case. This represented an excellent result for the Plaintiff with the agreed damages representing the full value of her claim.
If you have any further queries, please contact any of the following from our medical negligence group:
16 July 2013