A female, who suffered both physical and emotional injuries due to the negligence of a consultant obstetrician and gynaecologist, has been awarded €438,000 in negligent hospital hysterectomy compensation following a court hearing.
Cynthia Kinsella (52) from Terenure, Dublin, underwent the initial surgical procedure at Mount Carmel Hospital in April 2008 after contracting menorrhagia – an illness which causes severe menstrual bleeding. Three weeks after her surgical procedure she started leaking from the bladder – a condition known as medically as a fistula – which lead to significant distress and loss of amenity.
The surgeon overseeing the initial operation – consultant obstetrician and gynaecologist, Dr. Gerry Rafferty – was also present, assisting, at a second operation in July in an attempt to resolve the issue; where it was found that the menorrhagia may have been attributable to a misplaced suture in the bladder. After discovering that the most likely cause of her injury was hospital negligence, Cynthia sought legal guidance and subsequently made a claim for negligent hospital hysterectomy compensation.
Dr Rafferty claimed that Ms Kinsella’s condition was due to a rare complication of the hysterectomy procedure and he denied his liability for Cynthia´s injuries. However, at Dublin´s High Court, Mr Justice Iarfhlaith O’Neill did not accept the surgeon´s argument and found in favour of Cynthia negligent hospital hysterectomy claim for compensation.
The court was informed that in November 2008 Cynthia had been made redundant from her senior secretarial position with an engineering firm. She was unable to find another role eue to a combination of her fistula condition and the severe anxiety disorder she suffered from.
The judge ruled that Cynthia´s capacity for work had been affected by her condition and that there was small chance of her finding future employment because of it. Awarding Cynthia €200,000 for past and future pain and suffering, €225,000 for past and future loss of salary and €13,184 for negligent hospital hysterectomy special damages, Mr Justice Iarfhlaith O’Neill said that if it had been the case that Cynthia had not suffered as a result of the hysterectomy operation, he was of the belief that she would have in all probability found different employment following her redundancy.