Saturday , December 15 2018
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Family to Receive Compensation for Fatal Birth Medical Negligence

A family from Castlebar in County Mayo is to receive 850,000 Euros in compensation for fatal birth medical negligence following a High Court hearing.

Padraic Flanagan (43) made the claim for fatal birth medical negligence compensation following an inquest into the death of his wife – Evelyn – who died while giving birth to her second child at the Mayo General Hospital in October 2007.

Although an initial post-mortem determined that Evelyn´s death was possibly attributable to an amniotic fluid embolism, the family criticised the findings and claimed that the deterioration in her condition after the birth of her child was due to an avoidable postpartum haemorrhage due to a rupture of Evelyn´s uterus which was not detected or adequately dealt with.

The inquest into Evelyn´s death in 2009 returned a verdict of death by medical adventure, after which Padraic Flanagan made the claim for fatal birth medical negligence compensation against the Health Service Executive and consultant obstetrician, Dr Murtada Mohamed. Both the Mayo General Hospital and Dr Mohamed denied their liability for Evelyn´s death, but her widower persisted with his action.

Shortly before Padraic´s claim was to be heard in court, Mayo General Hospital eventually admitted during pre-trial mediation that Evelyn´s death could have been prevented with greater care. The case continued to the High Court for assessment of damages and, after hearing the circumstances of Evelyn´s death, Mr Justice Michael Peart awarded the family 850,000 Euros in compensation for fatal birth medical negligence against the Health Service Executive. The claim against Dr Mohamed was struck out.