Case Studies: Healthcare

Missed Pregnancy Diagnosis leads to Surgery

O’Reilly Stewart Solicitors acted on behalf of a Client in relation to a claim, for damages, arising from treatment for infertility.  The Client underwent fertility treatment and subsequently attended for pregnancy testing.  After testing, she was advised that the treatment had been unsuccessful.

Subsequently the patient developed pain in her abdomen and contacted the care provider.  There was no one available to speak to.  She contacted her General Practitioner by way of an emergency appointment and she was ultimately referred to a local Hospital where she underwent surgery due to an ectopic pregnancy; a pregnancy where the fertilised egg has implanted in the fallopian tube and is non-viable.

She raised a complaint and became aware that the pregnancy test which had been performed was in fact “indeterminate” rather than “negative”.  It is to be noted that subsequent to our Client’s experience, the healthcare provider amended its procedure whereby if an indeterminate test is returned, a pregnancy test will be repeated within one week.  It was the Client’s case that such care should have been undertaken in her own case bearing in mind the indeterminate result. She contended that had this been done, her ectopic pregnancy would have been recognised and she would have avoided her surgery.

The Client instructed Patrick Mullarkey of O’Reilly Stewart Solicitors to act on her behalf.  We investigated her case, obtained independent expert evidence, and initiated the claim.  Early engagement between the parties, before the issue of proceedings and without admission of liability,  resulted in a settlement in the Plaintiff’s favour in relation to her injury that she sustained by reason of the allegedly negligent care.  We secured, on behalf of the client,  £30,000 damages in the case together with payment of her full costs.

She notes:

“I googled top medical negligence solicitor in N. Ireland.  I found Mr Mullarkey.  Research gave me confidence and belief that (he) was the only man for the job …  explaining everything and keeping us up-to-date with everything going on at each stage.  Giving clear and honest perspective on the case”.


July 2020

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