The Medical negligence team at McElhinney & Associates recently represented a young lady who had a traumatic experience during the delivery of her baby by way of C-section.
By way of background herein, the Plaintiff, who was a patient under the care of the Defendant Hospital while pregnant with her second child, was admitted to the Defendant’s hospital for delivery by way of planned elective caesarean section.
The Plaintiff was transferred to the operating theatre for the purpose of a caesarean section delivery and prior to the commencement of which, a spinal anaesthetic was administered to the Plaintiff by a SHO (Senior House Officer) Anaesthetist who was unsupervised in theatre.
During testing of the sensory block to cold, the Plaintiff advised the Anaesthetist that she could feel the cold spray at the umbilical level. The Anaesthetist continued to spray up to about level T6/7 and the Plaintiff felt that the Anaesthetist had not listened to what she had said about her ability to feel the cold spray at a lower level.
The spinal anaesthetic administered to the Plaintiff was clearly ineffective. During the operation, the Plaintiff experienced discomfort followed by pain and in particular, a very sharp stabbing pain on the left side of the abdomen.
Whilst in theatre the Plaintiff recalled feeling overwhelming pain which appeared to have been first recognised by a Health Care Assistant who called out for the surgeons to stop.
Fentanyl was administered followed by 15mg of ketamine followed by a further 10mg of ketamine.
During this period, the Plaintiff experienced a terrifying sensation of distorted vision, hearing and awareness combined with significant pain and a feeling of powerlessness and an inability to move. She experienced ongoing and significant pain and an inability to vocalise or respond to questions asked of her.
The Plaintiff continued to feel significant pain while in the recovery room, distorted awareness and an inability to respond to the staff attending to her.
The Plaintiff continued to feel significant pain, distorted awareness and an inability to respond to staff attending her in the recovery ward. She recalled being asked to nod or squeeze a hand if she could feel pain but of being unable to do so notwithstanding ongoing pain.
The team at McElhinney & Associates obtained reports from a Consultant Anaesthetist in the UK who was firmly off of you that the standard of care afforded to the plaintiff was substandard undermounted to medical negligence.
As a result of the foregoing, we issued High Court proceedings and the Plaintiff pleaded particulars of Negligence, breach of duty and breach of statutory duty under an extensive 32 headings.
The defendants issued a defence calling upon the plaintiff to prove each and every aspect of her claim, and making no admissions whatsoever.
The case was assigned a hearing date and the defendants offered to engage in mediation with the plaintiff prior to the hearing after case and ultimately the plaintiffs case settled with a substantial award of damages being made.
Disclaimer
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**This information is for guidance purposes only. It does not constitute legal or professional advice. Professional or legal advice should be obtained before taking or refraining from any action as a result of the contents of this publication. No liability is accepted by McElhinney & Associates for any action taken in reliance on the information contained herein. Any and all information is subject to change.
About the Authors
Jolene McElhinney, BBLS, Principal Solicitor
Jolene McElhinney is the founding principal of McElhinney & Associates, renowned for her expertise in employment law and personal injury claims across the North West of Ireland. With a distinguished academic background and over a decade of experience, Jolene is dedicated to providing personalised, expert support to her clients, ensuring they navigate the complexities of the legal landscape with confidence and clarity.
