Case Studies: Healthcare

Liability Admitted for Negligent Eye Surgery

O’Reilly Stewart Solicitors recovered significant damages on behalf of the Client who had suffered an injury as a consequence of admitted negligence on the part of the healthcare provider.

The Defendant’s Surgeon had performed a procedure on the patient’s right eyelid in order to lift and reshape the lid.  The procedure had been performed in 2014 to the patient’s total satisfaction.  The patient was due to undergo a further procedure on the left eye the following year, in 2015.  On the day of the intended operation, notwithstanding the fact that consent had been obtained for a procedure on the left eye, the Defendant’s Surgeon decided, of his own volition, to revise the operation which had been done on the right eye the year before.  The Surgeon failed to advise the patient of the risks associated with the intended surgery, failed to have the patient execute a new written consent, and, in all respects, failed to obtain an informed consent for the performance of the revision surgery.  The surgery did not go well, and the patient was left with personal injuries, loss and damage, when the potential complications associated with the procedure presented.  The patient complained of photophobia, nerve damage, pain, discomfort, and an inability to close the eyelid correctly.  The symptoms are permanent.

Having consulted Patrick Mullarkey of O’Reilly Stewart Solicitors, proceedings were issued on behalf of the patient in 2019.  The case was listed for hearing in February 2021, and liability was admitted in respect of the negligence of the Defendant in advance of the anticipated hearing of the action.  After negotiation between the parties, the Defendant agreed to pay the Plaintiff substantial damages plus full costs in full and final settlement of the case.

The patient comments, “…Taking a legal case was a difficult thing for me to do but it was made as easy as possible through the supportive, efficient and expert service provided by Paddy Mullarkey at O’Reilly Stewart. I would encourage anyone with a clinical negligence concern to consult with him for advice and I recommend him in the highest possible terms.”

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