Personal Injury Compensation

Medical Misadventure Compensation Awarded

October 18th, 2012. By Compensation News.

The family of a woman who passed away giving birth to her second child has been awarded 850,000 Euros in compensation for medical misadventure following a High Court hearing.

Evelyn Flanagan (38) from Castlebar in County Mayo passed away at Mayo General Hospital on October 19, 2007, following the birth of her daughter Niamh as a result of serious complications. An initial post-mortem suggested that Evelyn´s death was attributable to an amniotic fluid embolism; however Evelyn´s family contested the findings – alleging that the deterioration in her condition was due to a postpartum haemorrhage which could have been prevented with greater care.

Inquest proceedings in 2008 and 2009 lead to a verdict of death by medical adventure, following which Evelyn´s husband – Padraic Flanagan – filed a claim for medical misadventure compensation against the Health Service Executive and consultant obstetrician, Dr Murtada Mohamed. It was  claimed in the action that Evelyn suffered a postpartum haemorrhage as a result of a rupture of her uterus which was not detected or adequately dealt with.

Mayo General Hospital at first denied that negligence had occurred but, as Mr Justice Michael Peart heard at the High Court, an acknowledgement of liability had been made during mediation prior to court proceedings. The judge awarded the family 850,000 Euros in compensation for medical misadventure to include the highest amount allowable 25,395 Euros for mental distress and payments for each of Evelyn´s two children as they grow older.


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