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High Court, in an assessment of damages only in personal injuries proceedings, awards €40,000 in general damages to plaintiff who suffered physical injuries to her vagina due to medical treatment received after child birth, but finds that the plaintiff is not clinically depressed (albeit that she did in fact suffer an emotional reaction due to the stress of her injuries at the time) in circumstances where her treating doctor did not refer in her report to the need for counselling or antidepressant medication, nor refer the plaintiff for psychiatric assessment; and thus the court assesses damages as a result of this particular physical and psychiatric medical context.
Personal injuries - assessment of damages - physical and psychiatric injuries arising from medical treatment during childbirth - episiotomy - vaginal injuries - infection - swab left in situ since delivery - mood affected - distress - depression - ability to care for newborn with its own health difficulties after birth - expert psychiatric evidence - unable to make diagnosis of clinical depression on criteria/symptoms exhibited - feelings of guilt and self blame entirely reasonable - issue between parties as to whether the plaintiff suffered a depressive disorder - emotional distress suffered - GP's report makes no mention of psychiatric issues or antidepressants - emotional reaction of distress was within normal limits - criteria to assess appropriate level of damages - €40,000 general damages.
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