Category Archives: Medical Negligence

Mother launches High Court Action over incorrect smear test results

A 43-year old mother of two who has terminal cervical cancer has launched a High Court action after it emerged the result of a smear test seven years ago - which showed no abnormalities - was later in a review found to be incorrect. Vicky Phelan's counsel told the court if her cervical cancer had been detected in 2011 when she had that smear test the young mother could have had a simple procedure and there was a 90 per cent chance she could have been cured. Jeremy Maher SC said experts on the Phelan side will say she would not have developed invasive cancer and would have survived into her 80s. "On January 29 this year Ms Phelan was given between six months and 12 months to live," counsel said. He added: "She...
Read more

Court of Appeal deliveres decision on rights of voluntary patients

In February 2018, the Court of Appeal delivered its judgement in an appeal against a ruling of the High Court that the refusal of medical staff to release a voluntary patient from a psychiatric institution when he expressed a wish to leave was not unlawful.

When the matter came on for hearing, the Court was told that following a psychotic episode at his home on August 26, 2011, PL became a voluntary patient at St Patrick’s University Hospital; he was admitted to the Special Care Unit (SCU) where on the following day he was examined by a consultant psychiatrist. A care plan was devised, which involved close observation and medication. PL remained a voluntary patient until September 13, 2011, when he expressed a desire to leave the hospital....
Read more

Irish women take legal action over ‘razor blade’ vaginal mesh implants

A NUMBER OF Irish women are pursuing legal action over complications they suffered after receiving vaginal mesh implants. The cases have emerged following reports of thousands of patients in the US, UK and Australia enduring similar issues with the devices. Transvaginal mesh implants are used to treat stress incontinence and more recently pelvic prolapse – when a pelvic organ such as the bladder drops. Both of these conditions are common in women after childbirth. The mesh, a net-like implant, which comes in a number of forms and sizes, is inserted in order to support the weakened organ. Tissue then grows into the pores of the mesh to fortify the walls of the affected organ. These devices have been used across Europe, the United States and Australia since the...
Read more

Widow awarded €295k as husband died in hospital after requiring treatment for eye infection

A widow who sued over the care given to her husband at Cork University Hospital (CUH) has settled her High Court action for €295,000.
Father-of-two, Remmy Ajayi (33), originally from Nigeria, suffered total organ failure and died on November 21, 2008, the court heard.
The issue in the case related to the nature and extent of treatment of Mr Ajayi's serious eye infection including with steroids, counsel for the widow told the court. Phumla Joana Ajayi, Tuairin Glas, Greenfields, Ballincollig, Co Cork, sued the HSE over the care given to her husband at CUH where he had gone on September 16, 2008, complaining of a one week history of redness or infection in his left eye.
His condition was diagnosed as a...
Read more

Varadkar promises medical negligence reforms

New measures to speed up the processing of medical negligence cases and cut legal costs will be introduced by the end of the year, according to the Minister for Health Leo Varadkar. Legislative changes would include the introduction of pre-action protocols and periodic payment orders to the victims of medical negligence, Mr Varadkar told delegates at the Irish Medical Organisation conference in Kilkenny. Issues relating to birth defect payouts would also be examined. Media excluded from GP meeting on under-6s contract Childbirth malpractice cost HSE €67m over five years Consultant members of the IMO had earlier warned the Minister of an escalating crisis over rising indemnity costs for doctors. “We have no problem with the right awards being made to patients but please do something about the legal costs,” said...
Read more

New Study Results Consistent with Claims For Failed Hip Implants

Our personal injury lawyers have been investigating claims on behalf of those that have had revision surgeries as a result of metal hip implant complications since the Stryker Rejuvenate modular-neck stem implant recall nearly two years ago. In July 2012, the Stryker Corporation issued a voluntary recall of the Rejuvenate and ABG II modular-neck stem hip implants due to the risks associated with corrosion of the modular neck joint of the implant. According to a study published in the Journal of Bone and Joint Surgery, 48 percent of the total hip arthroplasties measured in the study resulted in elevated metal ion levels for the patients that received them. The study also indicated that the rate of revision surgery administered to hip implant patients...
Read more