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Judge Awards Compensation for a Botched Laparoscopy

A High Court judge has awarded a woman who lost eight pints of blood during a hospital procedure more than €855,000 compensation for a botched laparoscopy.

On June 4th, 2002, the fifty-year-old plaintiff from Portlaoise in County Laoise attended the Midland Regional Hospital for a routine laparoscopy to help determine why she was unable to get pregnant. In order to perform a telescopic examination, a trocar was inserted into her abdomen. Unfortunately, the surgical instrument tore an artery and punctured a vein as it was being inserted, causing the woman to lose eight pints of blood.

The woman was rushed into intensive care, where she was put on a ventilator and spent two days on life support. She remained in hospital for six days and – due to the medical negligence of her consultant obstetrician Dr John Corristine – continues to experience pain in her abdomen. Following her recovery from her experience, the woman sought legal advice and claimed compensation for a botched laparoscopy.

In her claim it was alleged there had been a failure to take adequate precautions for her safety and that there had been a failure to check that the equipment used during the procedure was in a good and proper working order. The HSE acknowledged liability for the botched procedure, her initial pain and suffering and the scars that remain from her treatment, but contested the ongoing abdomen pain was a consequence of the negligent laparoscopy.

At the High Court, Mr Justice Kevin Cross heard medical evidence that the botched laparoscopy was not only responsible for the plaintiff´s ongoing pain and suffering, but that her condition may deteriorate in the future as a direct result. The judge said the woman´s quality of life had been significantly impaired as a result of what had happened, and although the consequences of the medical negligence were not catastrophic, they were “very serious”. The judge awarded the woman €855,793 compensation for a botched laparoscopy.