AB v Consultant Y and Hospital Z

The Plaintiff, a man in his 60’s, underwent a routine colonoscopy with the private consultant (First Named Defendant) in a designated private hospital. Without consent, the consultant surgeon injected haemorrhoids with Phenyl (a necrotising substance), and in doing so, inadvertently punctured his prostate gland also.

The Plaintiff was discharged, but was not told by the consultant of the puncture of his prostate gland and the inadvertent injection of same with Phenyl.

The Plaintiff quickly developed a high temperature and was readmitted to the Second Named Defendant private hospital some two days later. He was seen again by the consultant suffering from high temperature and urinary retention. Without any physical examination other than a urine dip stick test the Plaintiff was discharged. It was only at that stage the Defendant consultant indicated to the Plaintiff that he may have inadvertently injected his prostate with Phenyl. No antibiotic treatment was prescribed.

The Plaintiff’s condition deteriorated gradually over the forthcoming days and he was unable to contact his consultant despite numerous attempts to do so. Eventually, some five days later, the Plaintiff self-admitted to the Beacon Hospital as an emergency suffering from sepsis and remained in intensive care for almost two weeks. Despite the treating consultants corresponding with the First Named Defendant Consultant, he never revealed that he had in fact punctured the Plaintiff’s prostate gland. This inhibited accurate diagnosis and treatment of the Plaintiff. Indeed, the First Named Defendant wrote to one of the treating doctors at the Beacon Hospital asking if he (the Plaintiff) was suffering from any “underlying condition” which may have caused his admission and sepsis. The Plaintiff went on to develop through sepsis tumours in his kidneys and other organs, which were initially thought to be cancerous but thankfully, after extensive intravenous antibiotics, these tumours dissipated. However, the most troublesome result of the sepsis was the development of an epidural abscess, (an abscess which forms between the bony area of the skull and the brain lining).

The Plaintiff was eventually discharged from the Beacon Hospital and went on to make a good recovery returning to work a year later at his manual occupation but with reduced hours.

Damages were settled in the sum of €500,000 plus costs. The Plaintiff was represented by Aongus O’Brolchain SC, Declan Doyle SC and Ellen Gleeson BL, instructed by Gillian O’Connor, Managing Partner.

Source: https://michaelboylan.com/success-stories