The Plaintiff in this matter attended the A & E Department of her local hospital on the 31st May 2016 following a referral from her General Practitioner relating to a two week history of severe lower back pain radiating down her left leg. Thereafter, the Plaintiff re-attended on 8 June 2016, 10 June 2016 and 12 June 2016 displaying symptoms of Cauda Equina Syndrome including pain in her leg, numbness in the gluteal region and occasional incontinence.

Unfortunately, the Plaintiff was not diagnosed with Cauda Equina Syndrome until the 14th June 2016 and underwent surgery on the 15th June 2016, by which time she had sadly sustained permanent irreversible neurological damage.

Expert reports dealing with the issue of liability were prepared by a Consultant Orthopaedic Surgeon, a Consultant in Accident and Emergency Medicine, Consultant Neurosurgeon and a Consultant Urological Surgeon. It was the Plaintiff’s case that diagnosis and urgent surgery should have taken place on the 10th June 2016 and had this occurred, the Plaintiff would have avoided some of her significant permanent injuries.

The Defendants admitted Breach of Duty in relation to the Plaintiff’s attendance on the 10th June 2016, however they denied Causation and argued that even if a diagnosis had taken place on that date, the Plaintiff’s injuries would not have been avoided.

Proceedings were issued in May 2018 and a remote settlement meeting took place prior to the case being fixed for trial and the case was ultimately resolved for the sum of €650,000 plus costs in favour of the Plaintiff.

If you have any further queries, please contact Mary Ní Ghuairim, Solicitor, Medical Negligence Group


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14 December 2020

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