€200,000 settlement in a gynaecological surgery negligence case in Ireland

Background gynaecological surgery negligence case

Coleman Legal secured a settlement of €200,000 for a woman who suffered a punctured bladder and permanent incontinence following gynaecological surgery in Ireland. The gynaecological surgery had been performed to correct a bladder prolapse. Following the injury, our client experienced ongoing incontinence, sexual dysfunction, and significant psychological trauma. The settlement was reached without admission of liability after three years of legal proceedings.

Our client was a woman in her early fifties who had sought gynaecological surgery in Ireland to correct a bladder prolapse, a condition that had been affecting her quality of life. She placed trust in her treating consultant to carry out the procedure safely and in accordance with the standard of care expected of a competent gynaecological surgeon. The consequences of what went wrong during that procedure proved severe and long-lasting.

During the surgery performed to correct her bladder prolapse, our client’s bladder was punctured. The injury resulted in permanent incontinence, a condition that affected every aspect of her daily life. She also suffered sexual dysfunction and significant psychological trauma as a direct result of what had occurred. The physical and emotional impact of her injuries was extensive, causing ongoing pain, suffering, and a profound disruption to her personal and professional life that persisted for years following the procedure.

Coleman Legal examined our client’s full medical history, the circumstances of the gynaecological surgery, and the injuries that followed. An independent medical expert was instructed to assess whether the care provided met the standard required of a competent gynaecological surgeon. In Ireland, the standard of care applicable to medical practitioners is set out in Dunne v National Maternity Hospital [1989] IR 91, which establishes that a medical practitioner must exercise the ordinary care and skill of a competent practitioner in the same speciality. Where the evidence indicated that the injury to our client’s bladder was avoidable, proceedings were brought in the High Court under the Civil Liability Act 1961.

The case was prepared over three years, with Coleman Legal reviewing the expert evidence, the treating consultant’s records, and the full account of the injuries’ impact on our client’s life. Proceedings were conducted in accordance with the limitation periods set out in the Statute of Limitations (Amendment) Act 1991, which provides that a claimant has two years from the date of knowledge of an injury caused by negligence in which to bring a claim.

The proceedings concluded with a settlement of €200,000, reached without the defendant admitting liability. The settlement brought to a close three years of proceedings and provided our client with the financial recognition of the harm she had suffered as a result of the injury to her bladder during surgery. While the settlement was made without admission of liability, it enabled our client to move forward following a period of significant pain, incontinence, and psychological difficulty arising from an operation that was intended to improve her quality of life.

This case was handled by Rose Sweeney, Senior Personal Injury Litigator at Coleman Legal, who managed the file from initial instruction through to settlement. The Coleman Legal team guided our client through a complex and demanding three-year process, instructing an independent medical expert, reviewing the expert evidence, and pursuing the proceedings in the High Court. Throughout the case, our client was kept informed of each step and supported in navigating what is often a difficult and personal area of litigation. The team ensured that the claim was pursued thoroughly and that our client’s account of the impact of her injuries was fully presented to the court.