Case Studies: Healthcare

Incontinence after Childbirth: Plaintiff recovers £100,000

O’Reilly Stewart Solicitors acted on behalf of a mother who sustained injury during the birth of her third child in 2004.  The Plaintiff sustained a tear during delivery which resulted in faecal incontinence.  The Plaintiff became aware in 2018 that the injury was potentially attributable to substandard care during the delivery.  As a consequence of the injuries sustained in 2004, the lady was advised to deliver any subsequent children by way of caesarean section.

Patrick Mullarkey of O’Reilly Stewart Solicitors was instructed by the Plaintiff to investigate the circumstances of her care in 2018.  Independent expert opinion was obtained from an obstetrician and a colorectal surgeon who identified various allegations of substandard care.  In particular they criticised the failure by the plaintiff’s doctor to properly warn the Plaintiff of her risk of injury during the course of the delivery.  It was the Plaintiff’s case that had she been properly warned about that risk, she would have elected to deliver by way of caesarean section.  It was also the Plaintiff’s evidence that had she done so, then the injury would have been avoided in its entirety.  The experts also raised allegations relating to the failure to recognise the injury at the time of its occurrence, during the delivery, and the failure to repair the injury.  Finally, the plaintiff’s medical advisers criticised the Consultant for failing to refer the Plaintiff to a Colorectal Surgeon to repair the injury when the problem came to light in the weeks after delivery.

Proceedings were issued and served on behalf of the Plaintiff in 2021, and the case came to a conclusion, by way of negotiated settlement, in 2022.  The Plaintiff received damages in the sum of £100,000 in relation to her injuries that she had sustained and to compensate financial loss.  The Plaintiff also recovered her full costs arising from the investigation and the prosecution of the case.  Payment was made without admission of liability.

In relation to the settlement, our Client says as follows :-

I am really happy and relieved at the outcome of my case. Paddy Mullarkey is an exceptional solicitor who deserves his reputation as the best in his field. Paddy kept me fully informed at each and every stage of my case, with clear, concise and realistic advices which was very reassuring for me.  I was also very well advised in respect of costs at all times. Pursuing a medical negligence case is not an easy task, but Paddy really minimised the stress all throughout this case with his professionalism, and kind and approachable manner. I cannot recommend Paddy Mullarkey and O’ Reilly Stewart Solicitors highly enough, a truly outstanding service, thank you!

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