Case Study

Case Summary

Incident

Julia underwent a surgical facial rejuvenation procedure under local anaesthetic at a consultant-led cosmetic surgery clinic.

One week after the procedure she returned to the clinic for removal of bandages and replacement of dressings. There was a significant scar on her left cheek after the bandages were removed. After six weeks, when the scar did not fade, Julia returned to the doctor who performed the surgery. She showed him the scar and asked for an explanation.

Julia’s doctor said he did not know how a scar like that could have happened. Following this visit, the clinic did not return or answer Julia’s calls for a period of six-months. Julia was later informed that the doctor who performed the procedure was no longer working at the clinic.

The large scar on the side of her face caused Julia ongoing pain and has made her very self-conscious about her appearance. This self-consciousness led Julia to reduce her social interactions, while the discomfort of the scar has impacted her daily lifestyle.

Julia feels pain when she is bending over or lifting, and changes in temperature cause the scar to bunch and become painful. Because of this, Julia no longer goes to the gym like she used to, as when she is lifting weights the scar becomes itchy and uncomfortable.

After a year and a half, Julia saw minor improvement in the scar on her left cheek. However she still takes occasional painkillers for pain in and around the scar, especially when the weather is cold.

Case progression:

Court proceedings were instigated, and the case was brought to a successful conclusion.

Case settlement:

The case was settled on the 1^st of July 2024 for the sum of €65,000. This was a great result for our client. We are proud of all the work put in by Elaine Hickey and her team to achieve this outcome.

*Note: Client name changed for GDPR reasons.

Frequently Asked Questions

1. How do I make a medical negligence claim?

   The process on how to make a claim for medical negligence in Ireland is different when compared to other personal injury claims. Personal injury claims, in general, are first passed through the Injuries Board for assessment, before they reach a court hearing. Medical negligence claims on the other hand, are brought straight to court and are not assessed by the Personal Injuries Board.

   If you do feel like you are subject to medical malpractice, you can take the following steps to proceed with your medical negligence claim:

   • Record the date and time of the incident and the details of the type of care received.
   • Retain any medical records relating to the incident.
   • Take a photo of any visible injuries sustained as a result.
   • Gather any additional relevant information on the medical procedure that was carried out incorrectly.
   • Contact a medical negligence solicitor.

2. What can be included in my claim?

   Following a medical negligence claim, the outcomes to a case are based on circumstances incurred from medical negligence. These are known as damages:

   General Damages

   Non-financial damages include; pain and suffering, physical and emotional damage, loss of quality of life, and loss of opportunity.

   Special Damages

   These refer to out of pocket expenses incurred as a result of the malpractice. For example, loss of earnings and future earnings (if you were out of work), current and future medical bills, care fees, costs of adapting a home, physiotherapy fees, and fees for medical equipment / ongoing medication needed.

   Conclusions to medical negligence case will depend on certain factors like:

   • Medical History: If you have experienced similar medical issues in the past.
   • Long-term effects of your injury/illness: This comes down to the estimated lifespan of both people. For example, an 18-year-old person that suffered a lifelong injury or illness may be awarded more than an 80-year-old person who suffered an injury/illness.
   • Type of injury or illness sustained: Injuries arising from medical negligence range from minor to major. The types of injury sustained will be considered within legal proceedings.

3. How long do I have to make a medical negligence claim?

   When taking into account how long medical negligence claims take, it is important to remember that medical negligence cases require certain time frames in place within which you can bring a claim. For medical negligence claims, it is two years less a day following the date of the incident or 2 years less a day following the date that a person made the connection that their illness or injuries were a result of medical negligence.