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A claim for hospital medical negligence compensation enables you to recover financial damages when you – or somebody close to you – have suffered a loss, an injury or the deterioration of an existing condition due to the medical negligence of a hospital employee who owed you a duty of care. No amount of hospital medical negligence compensation can make up for a life-long health issue which has been caused by a hospital´s medical negligence, but a claim for compensation for hospital medical negligence can provide you with the funds required to get the care and support you need. Unlike most other personal injury claims in Ireland and compensation claim for hospital medical negligence cannot be processed by the Injuries Board Ireland and it is in your best interests to discuss the circumstances of the hospital medical negligence with an experienced Irish solicitor at the first practical opportunity.

Scally Report Imminent as Reports US Lab are Ending Irish Contract in Face of Wrong Diagnosis Compensation Payments

A report in the most recent edition of The Sunday Business Post has revealed that the US providers of cervical test screening in Ireland may not be renewing their contract to provide the service.

The US laboratories in question have said that they will no renew the service as they are unable to come to an agreement with the State over who accepts liability for the existing cervical test compensation claims that are in process in the judicial systems.

This new comes as Minister for Health Simon Harris is about to meet with Dr Scally ahead of the publication of his finding in the Cervical Check scandal. The report is due to be published for public consumption later this week. Minister Harris has said that he is determined that those women and families affected by the missed cervical cancer diagnoses will be officially briefed on the findings before they are released to the general public.

Update September 12 6.00pm

The Scally Report in the Cervical Check controversy which was published today has delivered a conclusion that the wrongful diagnoses came about due to a system-wide failure. In a comment made for the Minister for Health Simon Harris at the beginning of his report, Dr Gabriel Scally, stated that it seemed as though the system in place “was doomed to fail at some point”. The Scally report said that were are major weaknesses evident in the way that the screening services were being managed.

October signals the end of the existing contract for Cervical Check and under the current terms and conditions the US laboratories accept liability for any wrongful diagnosis negligence costs that are owed/will be owed under the current scheme in place. The company is now requesting that the Irish exchequer underwrite those costs. However this is something that the HSE fears would see the service cease to eixst due to the debilitating costs.

 

 

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A claim for hospital medical negligence compensation enables you to recover financial damages when you – or somebody close to you – have suffered a loss, an injury or the deterioration of an existing condition due to the medical negligence of a hospital employee who owed you a duty of care. No amount of hospital medical negligence compensation can make up for a life-long health issue which has been caused by a hospital´s medical negligence, but a claim for compensation for hospital medical negligence can provide you with the funds required to get the care and support you need. Unlike most other personal injury claims in Ireland and compensation claim for hospital medical negligence cannot be processed by the Injuries Board Ireland and it is in your best interests to discuss the circumstances of the hospital medical negligence with an experienced Irish solicitor at the first practical opportunity.

Repeat Cervical Scans Slammed by Medical Council President

Dr Rita Doyle, the President of the Medical Council has stated that asking patients to attend for repeat cervical smears due to the fact that their original samples are expiring beyond use is unacceptable.

Dr Doyle issued a official statement to the media following reports that a number of women who were being re-tested in the aftermath of  CervicalCheck controversy might have to go have a another smear test again as their samples are almost past the point of valid use.

The Health Service Executive (HSE) has revealed that in some cases smears may have to be taken again as the samples obtained have been stored for longer that their six-week period of use. The HSE also said that they will try and stop samples expiring but added that there has been a massive increase in the numbers of smears that contracted laboratories have to conduct.

Following this news, Dr Doyle urged that doctors who conduct the screening be supported as much as possible so they can complete timely laboratory analysis.

Dr Doyle said: “This is unacceptable to both patients and doctors. This could have the potential to have a further negative impact on the public’s confidence in screening services which would be very concerning. I am aware of reports of a recent development of a bottleneck in the analysis of cervical smears, whereby smears are not analysed in a timely fashion thus forcing the woman to re-attend and the doctor to repeat the smear.

She (Dr Doyle) went on to say that the Medical Council hopes to soon receive the results of the Scally Report. The Medical Council has also contacted the HSE to request information pertaining to any reports commissioned into the CervicalCheck issue.

Dr Doyle Concluded: “If there are issues around professional performance or conduct relating to individual doctors they will be investigated and dealt with by the Medical Council in a fair manner according to our procedures and regulatory powers”.

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A claim for hospital medical negligence compensation enables you to recover financial damages when you – or somebody close to you – have suffered a loss, an injury or the deterioration of an existing condition due to the medical negligence of a hospital employee who owed you a duty of care. No amount of hospital medical negligence compensation can make up for a life-long health issue which has been caused by a hospital´s medical negligence, but a claim for compensation for hospital medical negligence can provide you with the funds required to get the care and support you need. Unlike most other personal injury claims in Ireland and compensation claim for hospital medical negligence cannot be processed by the Injuries Board Ireland and it is in your best interests to discuss the circumstances of the hospital medical negligence with an experienced Irish solicitor at the first practical opportunity.

High Court Approves €1m Birth Injury Compensation for 13-Year-Old Girl

A birth injury compensation action against the Health Service Executive has been settled for €1m in the High Court after a girl, now 13-years-old, was not diagnosed with a serious hip abnormality at birth. The condition was not being diagnosed for six years and the young girl, Nyomi Millea Melvey, now suffers from a permanent disability.

The father of the young girl, Colin Melvey,  told the court that Nyomi is only able to walk for a period of three to five minutes before her hips become locked into position. He said his daughter has done really well considering the challenges she faces, but she has to work harder because of her disability. Mr Melvey went on to say that Nyomi will also require at least three hip replacement operations throughout her life.

The condition that Nyomi suffers from, known as bilateral hip dysplasia was diagnosed she was six-years-old and it was alleged that the options to address this were extremely limited due to the failure to diagnose this earlier.

Nyomi’s Legal Counsel, Mr Liam Reidy, spoke in the High Court saying that she was born with the condition where both hips were displaced, but that this was not diagnosed by the physicians present at the birth. Nyomi, they said, had been medically examined by medics on different times and there was an alleged failure to recognise the abnormality that she displayed.

Taking the failure to diagnose compensation action through her mother Wendy Millea, Nyomi sued HSE for compensation. Ms Millea had received antenatal care during her pregnancy at Waterford Regional Hospital. Nyomi was born on January 20, 2005, with bilateral hip dysplasia and the attending medical staff failed to recognise the condition. The conditions was not recognised until February 2011.

Additionally it was argues that there was a failure to recognise the underlying hip problem from simple observations despite the physical appearance of the infant and worries made known by her mother along with an alleged failure to refer her for evaluation by an orthopaedic surgeon (or a suitably qualified professional healthcare person).

The claims were denied by the HSE.

Mr Justice Paul Butler approved the settlement of €1,000,000 in birth negligence compensation.

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A claim for hospital medical negligence compensation enables you to recover financial damages when you – or somebody close to you – have suffered a loss, an injury or the deterioration of an existing condition due to the medical negligence of a hospital employee who owed you a duty of care. No amount of hospital medical negligence compensation can make up for a life-long health issue which has been caused by a hospital´s medical negligence, but a claim for compensation for hospital medical negligence can provide you with the funds required to get the care and support you need. Unlike most other personal injury claims in Ireland and compensation claim for hospital medical negligence cannot be processed by the Injuries Board Ireland and it is in your best interests to discuss the circumstances of the hospital medical negligence with an experienced Irish solicitor at the first practical opportunity.

Compensation Bill for Cervical Cancer Screening could top €500m

Taoiseach Leo Varadkar has confirmed that the women affected by the CervicalCheck controversy will be compensated through a redress scheme. It is estimated that the cost of doing this could be in excess of €500m.

This announcement comes as new reports indicate that the original estimate that the number of misdiagnosis cases is actually as high as 3,000 and not the 1,500 it was originally believed to be. Should this be the case then it is extremely likely that the number of people given the incorrect results may be much higher that the 208, of whom 17 are now dead, first reported when the scandal became public.

Speaking during Leader’s Questions in the Dáil this week Mr Varadkar said: “We will need a scheme of redress for women whose cancer was missed and should have been detected beyond normal error and for women where there was a breach of duty to inform them of the audit results”.

He added: “Once again, I want to say how deeply concerned and upset I and the whole Government are at the situation with which we are now grappling.”

The Taoiseach also revealed that women who wants a repeat smear or review of their test, the State will meet that cost, as well as the GP appointment fee.

The smear controversy arose following the by the case taken by Vicky Phelan, a terminally ill mother. Mrs Phelan was advised, following a smear test in 2011 that she showed no signs of cervical cancer. However, an audit carried out in 2014 showed that the original results of the smear test were actually incorrect. Despite this she was not advised that she had cervical cancer until 2017 and in January 2018 she was told that her illness was now terminal – she has 6-12 months to live.

Ms Phelan, a 43-year-old mother of two from Co Limerick, was awarded €2.5m in the High Court. She now plans to travel to the US in the hope of being accepted onto a new trial treatment for cervical cancer.

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A claim for hospital medical negligence compensation enables you to recover financial damages when you – or somebody close to you – have suffered a loss, an injury or the deterioration of an existing condition due to the medical negligence of a hospital employee who owed you a duty of care. No amount of hospital medical negligence compensation can make up for a life-long health issue which has been caused by a hospital´s medical negligence, but a claim for compensation for hospital medical negligence can provide you with the funds required to get the care and support you need. Unlike most other personal injury claims in Ireland and compensation claim for hospital medical negligence cannot be processed by the Injuries Board Ireland and it is in your best interests to discuss the circumstances of the hospital medical negligence with an experienced Irish solicitor at the first practical opportunity.

Vicky Phelan Awarded €2.5m in Delayed Diagnosis Compensation Due to Incorrect Smear Test Results

An delayed diagnosis compensation settlement of €2.5m against a US laboratory has been made to Mrs Vicky Phelan, a terminally-ill mother of two from Annacotty, Co Limerick, who was wrongly advised that she did not have cancer in 2011.

In January 2017 Mrs Phelan was told that she has less than one year to live. This was after she had been advised, in 2011, that there were no abnormalities present in the smear sample tested at to Clinical Pathology Laboratories Inc. in Austin, Texas. Sadly,  in her next smear test completed in 2014 cervical cancer was now detected. Clinical Patholhy Laboratories found, during a review in 2014, that the 2011 smear test results had been incorrect. Despite this, Mrs Phelan was only made aware of this error in 2017.

Mrs Phelan’s legal team pointed out. in her High Court action which started last week, that if the cervical cancer had been detected in 2011 she (Mrs Phelan) would have had a regular procedure that would have given her a 90% chance of survival.

The legal action against the Health Service Executive was struck out and as the  misdiagnosis compensation settlement was made in relation to the testing company Clinical Pathology Laboratories Inc, Austin, Texas only, with no admission of liability.

In the aftermath of award being announced Mrs Phelan stated that a thorough inquiry into the CervicalCheck screening programme should be initiated.

She said: “To know for almost three years a mistake had been made and I was misdiagnosed was bad enough but to keep that from me until I became terminally ill and to drag me through the courts to fight for my right to the truth is an appalling breach of trust and I truly hope some good will come of this case and there will be an investigation in the CervicalCheck programme as a result of this.”

Mr Justice Kevin Cross said he was satisfied  with that approval and he praised the legal teams for completing the compensation action, was only begun in February 2017, to court as swiftly as they had. He also said that Vicky Phelan is one of the most impressive witnesses that has come before him in court.

Mrs Phelan has recently started treatment with a new drug and hopes to be accepted on to a US programme providing innovative treatment, So far she has raised €200,000 via a Go Fund Me page. Justice Cross said he believed that if anyone could beat this it is Mrs Phelan.

 

 

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A claim for hospital medical negligence compensation enables you to recover financial damages when you – or somebody close to you – have suffered a loss, an injury or the deterioration of an existing condition due to the medical negligence of a hospital employee who owed you a duty of care. No amount of hospital medical negligence compensation can make up for a life-long health issue which has been caused by a hospital´s medical negligence, but a claim for compensation for hospital medical negligence can provide you with the funds required to get the care and support you need. Unlike most other personal injury claims in Ireland and compensation claim for hospital medical negligence cannot be processed by the Injuries Board Ireland and it is in your best interests to discuss the circumstances of the hospital medical negligence with an experienced Irish solicitor at the first practical opportunity.

Medical Negligence Compensation Settlement Agreed in Relation to Ectopic Pregnancy Death

Alan Thawley, whose wife Malak passed away during surgery for an ectopic pregnancy at the National Maternity Hospital (NMH) in 2016 has settled his High Court action for medical negligence compensation.

Mrs Thawley, aged 34 at the time of her death was expecting her first when she died at the Holles Street hospital on May 8, 2016.

In the initial hearing legal representatives for Mr Thawley advised the court last week that his wife’s death was a result of a “cascade of negligence”. Liam Reidy SC, representing Mr Thawley argued that the doctor who carried out the surgery on Malak, a teacher and a US citizen, was an inexperienced junior surgeon and was not adequately supervised.

He added that the ineptitude of the physicians could be highlighted particularly when a decision was taken to cool Mrs Thawley’s brain with ice. Upon discovery that there was no ice in the hospital two doctors were sent across the road to a pub to get ice as there was none in the hospital.

Mr Justice Anthony Barr was told, when the case came back before the court on Tuesday, that it was settled for compensatory damages only and aggravated or exemplary damages were not involved. No other specific details of the medical negligence settlement were provided to the court.

Commenting outside the court Alan Thawley said that he was happy to have come to a settlement after a long and harrowing process. He said: “There is no compensation that could replace the profound loss of my wife’s untimely and needless death”.

Mr Thawley went on to say: “The proceedings were brought forth to expose the cascade of negligence demonstrated by the hospital”.

He also committed to working with the Department of Health’s Ministerial Inquiry in a bid to prevent other people suffering, as he has, in the future.

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A claim for hospital medical negligence compensation enables you to recover financial damages when you – or somebody close to you – have suffered a loss, an injury or the deterioration of an existing condition due to the medical negligence of a hospital employee who owed you a duty of care. No amount of hospital medical negligence compensation can make up for a life-long health issue which has been caused by a hospital´s medical negligence, but a claim for compensation for hospital medical negligence can provide you with the funds required to get the care and support you need. Unlike most other personal injury claims in Ireland and compensation claim for hospital medical negligence cannot be processed by the Injuries Board Ireland and it is in your best interests to discuss the circumstances of the hospital medical negligence with an experienced Irish solicitor at the first practical opportunity.

Woman (60) has €5m Settlement for Medical Misdiagnosis Compensation Approved

Bernadette Surlis (60) from Co Roscommon has had her €5m medical misdiagnosis compensation settlement, in her litigation against the Health Service Executive (HSE) settled.

The legal action was in relation to the treatment she was given at Sligo General Hospital in 2013. Senior Counsel Mr Cush stated, if had Ms Surlis been speedily and correctly treated in November 2013, she would not have suffered the debilitating injuries that have changed her life completely. Mr Cush advised the court that liability was admitted by the Health Service Executive.

When she attended Sligo General Hospital on November 3, 2013, Ms Surlis was complaining of a headache, vomiting and had a dilated left pupil on her eye. However she was designated as category three ‘triaged’ case and left to wait for treatment for an additional three hours. ‘Triaged’ means that she was not treated as an immediate emergency requiring quick attention.

Doctors looked over her for symptoms of glaucoma and sent her home. However, she returned the very next day and, at this time, the severity of her ailments was “appreciated for the first time”.

Ms Surlis, who resides at Drinaum, Strokestown in Co Roscommon was moved to Dublin’s Beaumont Hospital on November 5 as she experienced a hemorrhage and severe/permanent injury. Mr Cush said the opinion of experts was that Ms Surlis, who now needs permanent care, will only slightly improve over the course of her life. She is aware of the severity of her condition and has difficulty communicating. However she can do so with the help of her close family members – three grown children and four sisters who live close to her.

It is claimed that if she had been sent to Beaumont when she first attended the Sligo Hospital she could have been treated in a correct manner and made a complete recovery and rehabilitation.

Now restricted to a wheelchair and living in a nursing home, Bernadette Surlis may realise her wish to return home in the future. Mr Justice Kevin Cross was advised that the misdiagnosis negligence settlement makes this a real possibility.

Judge Mr Justice Kevin Cross remarked that the medical misdiagnosis compensation settlement was a “reasonable and very good one”.

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A claim for hospital medical negligence compensation enables you to recover financial damages when you – or somebody close to you – have suffered a loss, an injury or the deterioration of an existing condition due to the medical negligence of a hospital employee who owed you a duty of care. No amount of hospital medical negligence compensation can make up for a life-long health issue which has been caused by a hospital´s medical negligence, but a claim for compensation for hospital medical negligence can provide you with the funds required to get the care and support you need. Unlike most other personal injury claims in Ireland and compensation claim for hospital medical negligence cannot be processed by the Injuries Board Ireland and it is in your best interests to discuss the circumstances of the hospital medical negligence with an experienced Irish solicitor at the first practical opportunity.

1,000 Irish Deaths Due to Medical Negligence Every Year

Roger Murray, Head of the Medical Negligence Department at a leading law firm, told a recent Pathways to Progress conference on medical negligence that around 1,000 unnecessary deaths are happening annually in Ireland due to medical mistakes.

Mr Murray, joint Managing partner at Callan Tansey solicitors, went on to say that up to 160,000 people attending hospital for treatments suffer injuries due to human error. Mr Tansey, speaking during September at the gathering of solicitors, medical professionals and patients, insisted that there is “no compo culture” present when it comes to medical negligence compensation action in Ireland. He saidthat what we are currently seeing in the legal system in Ireland is just “the top of a very murky iceberg”.

Mr Tansey who has represented clients in a number of high-profile medical negligence compensation legal actions said that he feels that not all people injured in medical incidents make it known it while the HSE is alerted of 34,170 “clinical incidents” every year. Just 575 of these incidents lead to compensation claims against the HSE, a rate of less than 1.7 per cent.

The most commonly experienced cases, according to Mr Murray, relate to surgery (36 per cent) medicine (24 per cent), maternity (23 per cent) and gynaecology (7.5 per cent).

He emphasised that while injured patients and families do have pity for medical professionals after they make mistakes what “they cannot abide is systemic and repeated errors”.

He called for inn depth reviews to be completed when mistakes do occur. Mr Murray said he had seen many inquests where families learned that reviews had been completed following a death and, despite this, and the results were not disseminated to appropriate staff who could have learned from them.

 

 

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A claim for hospital medical negligence compensation enables you to recover financial damages when you – or somebody close to you – have suffered a loss, an injury or the deterioration of an existing condition due to the medical negligence of a hospital employee who owed you a duty of care. No amount of hospital medical negligence compensation can make up for a life-long health issue which has been caused by a hospital´s medical negligence, but a claim for compensation for hospital medical negligence can provide you with the funds required to get the care and support you need. Unlike most other personal injury claims in Ireland and compensation claim for hospital medical negligence cannot be processed by the Injuries Board Ireland and it is in your best interests to discuss the circumstances of the hospital medical negligence with an experienced Irish solicitor at the first practical opportunity.

Judge Approves Settlement of Cerebral Palsy Claim for Compensation

A judge at the High Court has approved the settlement of a cerebral palsy claim for compensation that took eight years to resolve.

The cerebral palsy claim for compensation was made on behalf of a boy born at Cork University Hospital on August 11th 2008. Due to a multiple failures on the day of his delivery – and an avoidable delay in acting on a telling CTG trace – the boy suffered unrecognised foetal distress and was starved on oxygen in his mother´s womb.

As a result of hospital negligence, the boy was born with cerebral palsy. Now almost nine years of age, he suffers daily seizures due to his epilepsy, is confined to a wheelchair and has cognitive impairments that will prevent him from ever leading an independent life. He requires around-the-clock care which, until recently, was provided for him by his parents.

On their son´s behalf, his parents made a cerebral palsy claim for compensation against Cork University Hospital and the HSE. The HSE denied liability for the boy´s birth injuries until February, at which point legal representatives from both parties agreed a €15 million settlement of boy´s claim that will ensure his financial future and provide him with the care he needs for the rest of his expected life.

The details of the settlement were related to Mr Justice Kevin Cross at the High Court, who – after hearing an impact statement read to the court by the boy´s mother – ordered that $720,000 of the settlement be paid to the boy´s parents in special damages. The remainder will be paid into court to be managed on the boy´s behalf. The boy will also become a ward of court.

An apology from the Cork University Hospital was also read to the court before the judge formally approved the settlement of the cerebral palsy claim for compensation. The judge closed the approval hearing by saying that the settlement was a good one and by wishing the boy and his family well for the future.

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A claim for hospital medical negligence compensation enables you to recover financial damages when you – or somebody close to you – have suffered a loss, an injury or the deterioration of an existing condition due to the medical negligence of a hospital employee who owed you a duty of care. No amount of hospital medical negligence compensation can make up for a life-long health issue which has been caused by a hospital´s medical negligence, but a claim for compensation for hospital medical negligence can provide you with the funds required to get the care and support you need. Unlike most other personal injury claims in Ireland and compensation claim for hospital medical negligence cannot be processed by the Injuries Board Ireland and it is in your best interests to discuss the circumstances of the hospital medical negligence with an experienced Irish solicitor at the first practical opportunity.

Advice about Making a Lip Filler Injury Claim

Ensure you get appropriate and relevant legal advice from a solicitor about making a lip filler injury claim for compensation against a cosmetic surgeon.

In Ireland, lip filler procedures are usually carried out without complication. Although patients can suffer bruising, swelling and bleeding around the lips as a result of the procedures, these symptoms often disappear quickly with no long-term adverse effects. When more serious or permanent injuries occur, it may be possible to making a lip filler injury claim depending on the nature of the injury and its cause.

However, making a lip filler injury claim can be complicated. If you signed a contract consenting to the procedure after having been informed the injury you sustained was a possible risk, the cosmetic surgeon will deny liability for your injury. Similarly, if the injury could not have been avoided at the time and in the circumstances, a lip filler injury claim for compensation will likely be unsuccessful.

The success of a lip filler injury claim largely depends on the same criteria as a medical negligence claim – that “on the balance of probabilities” the cosmetic surgeon, the surgery, or an agent of the surgery demonstrated a lack of skill, and that lack of skill resulted in you sustaining an avoidable injury. Because the criteria is similar to a medical negligence claim, you cannot apply to the Injuries Board for an assessment and your case has to be handled by a solicitor.

After reviewing any pre-treatment contract you entered into and asking you about whether or not you gave your informed consent, your solicitor will usually engage a medical expert to ascertain the level of injury you have sustained, confirm that it could have been avoided with greater care, and – in the event of asymmetry or other irregularities – assess whether the injury can be reversed.

Once sufficient evident of negligence has been collected to support your lip filler injury claim, your solicitor will write to the cosmetic surgeon, providing details of the claim made against him or her, and requesting an offer of settlement. Should you be approached at this time by the cosmetic surgeon or their insurance company with a private offer of settlement, you must refer it to your solicitor.

When negligence has been acknowledged, your solicitor will negotiate an appropriate settlement of your claim based on the level of injury you have sustained, your pain and suffering (include mental suffering if you have experienced a lack of confidence), your age, previous state of health and your motive for undergoing the procedure in the first place.

Because of the complexity of making a lip filler injury claim, it is very important that you seek professional legal advice that is relevant to your specific circumstances. There are many different types of injury that can be sustained due to negligent lip filler procedures, and each one will affect patients differently. Therefore ensure you get appropriate and relevant legal advice from a solicitor at the first possible opportunity.

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