Hermitage Medical Clinic apologises to woman as she settles action
Court hears woman’s routine surgery at Dublin private hospital led to her ‘near death’
Lisa Albery, of Shanbally, Moycarkey, Co Tipperary, leaving the Four Courts on Friday after she settled her High Court action. Photograph: Collins Courts
The Hermitage Medical Clinic and a consultant have apologised to a Tipperary woman who went in to the private hospital for a keyhole procedure but suffered a perforation to her colon.
Jeremy Maher SC, for Lisa Albery, told the High Court that the mother of two (49) went in to the clinic for routine surgery but it led to her “near death” and she also suffered permanent and significant injuries.
The apology was read to the court as the Ms Albery settled her action against the Hermitage Medical Clinic and consultant obstetrician and gynaecologist Dr Yahya Kamal over the care she received during and after the routine keyhole operation four years ago. The details of the settlement are confidential.
In an apology read to the court both Dr Kamal and the Hermitage Medical Clinic sincerely apologised to Ms Albery and said they “deeply regret and acknowledge the serious complications and difficulties she endured following her surgery in March 2014”.
The settlement came after the case had opened to the court and talks began between the parties. Mr Justice Michael Hanna had been told liability had been admitted in the case that morning and the case was before the court for assessment of damages only.
Ms Albery, from Shanbally, Moycarkey, Thurles, had sued Dr Kamal, who practises at the clinic, along with the Hermitage Medical Clinic Ltd of Old Lucan Road, Dublin, over the circumstances of the care she received four years ago.
Ms Albery was admitted to the clinic on March 14th, 2014, under the care of Dr Kamal for the operation. The surgery was carried out by and under the care of Dr Kamal.
It was claimed that Ms Albery suffered a perforation of her sigmoid colon and as a result she suffered grave pain and distress.
There was, it was claimed, a failure to investigate in a timely manner Ms Albery’s postoperative symptoms and a failure to diagnose in a timely manner that she had suffered a perforation of her sigmoid colon.
Afterwards it was claimed the woman’s wound became infected and she suffered acute peritonitis, sepsis and a pleural effusion. On March 25th, 2014, she was transferred to a Dublin hospital where she had another emergency surgical procedure. She was transferred back to the Hermitage where she remained in intensive care until April 6th, 2014.
She was discharged from the Hermitage on April 27th, 2014, but she had further hospital admissions afterwards suffering with pain in her abdomen area and on one occasion for an infection of her wound.
Had there been no perforation of the colon, it was claimed, Ms Albery would have been discharged on the same day of the operation or the following morning without complications.