Settlement Achieved for Plaintiff due to negligence during surgery

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Settlement Achieved for Plaintiff who suffers a left above-knee leg amputation as a result of negligence during surgery

Orpen Franks’ Medical Negligence Department achieve a successful settlement for Plaintiff following injury to left common iliac artery during the course of surgery

The Plaintiff in this matter was diagnosed as suffering from rectal cancer for which he required extensive surgery following chemotherapy and radiotherapy treatment. During the course of surgery, the Plaintiff suffered an injury to the common iliac artery in his left leg. The injury was repaired at the time of surgery but the injured artery subsequently ruptured causing the Plaintiff to become critically ill and necessitating multiple further surgeries. A left above knee amputation ultimately had to be performed. The Plaintiff was also left with a faecal fistula, resulting in ongoing issues with perianal discharge and an increased risk of sepsis.

Orpen Franks’ Medical Negligence Department investigated the standard of care afforded to the Plaintiff and obtained expert evidence which confirmed that the Plaintiff’s artery was negligently injured during the course of surgery and that but for same, the Plaintiff would not have lost his left leg or suffered from a faecal fistula. The Plaintiff’s quality of life was significantly impacted as a result of his very serious injuries. Reports were obtained from a variety of experts in areas covering: nursing care, occupational therapy, physiotherapy, prosthetics, rehabilitation, pain management, psychiatry and architecture in order to assess the Plaintiff’s future requirements.

Proceedings were issued in August 2018 and given the unfortunate progression of the Plaintiff’s cancer, it became necessary to expedite the claim and a trial date was obtained in June 2019. During the course of a mediation in May 2019, the case settled for a substantial amount together with the Plaintiff’s costs.

If you have any queries, please do not hesitate to contact Ms Clare Flavin, Senior Associate, on 01-6373200.

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Orpen Franks Solicitors

28 & 30 Burlington Road, Dublin 4, Ireland

Telephone: +353 1 637 6200

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Email: law@orpenfranks.ie