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High Court, in personal injuries proceedings, dismisses claim against individual consultant but finds for the plaintiff and awards total of €300,000 in general damages and €10,000 for past care arising from the negligence and breach of duty on the part of a Galway hospital by virtue of medical care provided to the plaintiff - following complications arising from hernia surgery - which fell below the standard expected under the circumstances.
Personal Injuries - claim for general and special damages - professional negligence - whether medical care claimant received following surgery to repair a hernia in Bon Secours Hospital Galway in 2007 was sufficient - subsequent medical complications requiring life saving surgery - claim against individual surgeon dismissed at close of plaintiff's case as no evidence of negligence presented to court - conflicts of fact based on experts' evidence - standard of care - adequacy of nursing records - findings of fact made by the court - whether existence of an anastomotic leak for several hours prior to claimant's examination by the medical team illustrates a breach of duty falling below the standard of care expected - failure to appreciate extent of claimant's depreciation negligent - failure to conduct x-rays negligent - negligence causatively linked to pain suffered by delay in receiving subsequent surgical treatment - assessment of general damages - period post-treatment - psychological and physical pain and suffering - loss of employment not solely due to negligence of defendants - future medical care required ascribed to plaintiff's other comorbidities along with psychological consequences of taking early retirement - awards of damages made in respect of past, present and future pain and suffering.
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