Campbell Fitzpatrick Solicitors recently concluded a successful claim made by a young mother against the South Eastern Health and Social Care Trust. The Claimant, then aged 19, attended the Ulster Hospital in 2004. She was in labour. Arrangements were made for an epidural anaesthetic, which was carried out and the Claimant gave birth to a healthy baby boy. The delivery was a forceps delivery aided by an episiotomy. After delivery the consultant obstetrician and gynaecologist gave a direction that the catheter, which had been placed prior to the delivery, was to remain in place for 24 hours. In the event it was removed later the same day. The next morning it was belatedly noted that the Claimant was suffering from acute urinary retention. The catheter was re-inserted and a large volume of urine was drained. Unfortunately as a consequence of the acute urinary retention, the Plaintiff went on to develop permanent and chronic bladder problems. The Claimant has no sensation in her bladder and has no muscle control of the bladder. The emptying of the bladder is not always complete. As a consequence of same the Claimant has suffered numerous urinary tract infections. She will be at risk of developing urinary infection in the future. She will be at risk of kidney damage. She is likely to require intermittent self-catheterisation in due course.
The Plaintiff approached Patrick Mullarkey of Campbell Fitzpatrick Solicitors in association with this matter in late 2005. An investigation of liability was undertaken. Independent expert evidence on liability was commissioned from an independent midwife who identified a series of breaches of care. That opinion was further corroborated by a report from an independent obstetrician and gynaecologist. It was determined that the removal of the catheter, contrary to the advices of the obstetrician responsible for the delivery, constituted a breach of duty on the part of the midwifery staff. Medical evidence was obtained as to the injuries sustained by the Plaintiff. In particular a report was obtained from a Consultant Urologist dealing with the damage to the bladder. Additionally a report was obtained from a Consultant Psychiatrist to document the upset and distress occasioned to the Claimant as a consequence of the physical injuries. Proceedings were ultimately issued, with the assistance of the Northern Ireland Legal Services Commission, in 2008. The case was set down for hearing in 2011 and was listed for trial. Prior to the trial of the action the Defendant agreed to consult. As a consequence of pre-trial consultations, the Defendant agreed to pay the Plaintiff the sum of £100,000 in full and final settlement of her action. The Defendant also agreed to pay the Claimant her costs.