Case Studies
Application to the Lourdes Hospital Redress Scheme: Virtual Client Case
Below is a virtual case, similar to many applications we made to the Lourdes Hospital Redress Scheme on behalf of our clients at Malcomson Law. This is not a real case and no real names are used in this article as we believe it will breach our client's confidentiality. In addition, we believe that the Law Society Regulations preclude us from mentioning the graphic and gruesome details of some of our cases.
Background Information
Name: Mary
Age: 56
Marital Status: Married
Children: two (aged 27 and 23)
Occupations: Homemaker
Mary's Story
Mary was referred by her G.P. to Dr. Michael Neary because of heavy bleeding in 1990.
She was told by Dr. Neary that she needed to undergo a hysterectomy and this was arranged. She was brought into Our Lady of Lourdes Hospital, Drogheda and had her hysterectomy.
She was told that this was necessary. She was told that her life had been saved. She had no reason to doubt this.
She believes that both of her ovaries were removed at the same time although this was never mentioned as far as she is aware.
Following media reports, she contacted Our Lady of Lourdes Hospital, Drogheda seeking a copy of her medical records. Her maternity records were received but her gynaecological records could not be located.
Lourdes Hospital Redress Scheme
Mary is entitled to apply to the Lourdes Hospital Redress Scheme.
The deadline for receipt of applications was Sunday, 12th August 2007 (60 days from the commencement date of 14th June 2007).
Mary was 39 years old when both ovaries were removed. She had two children already.
An independent Consultant Obsterician and Gynaecologist feel that the removal of both ovaries in Mary's circumstances was unwarranted.
Under the Lourdes Hospital Redress Scheme which is points based, tables 4, 5 and 6 apply.
- Table 4 - Age at date of removal of both ovaries = 35-39 years = 2 points.
- Table 5 - Number of children at date of removal of both ovaries = 2 children = 4 points
- Total points = 6 points.6 points means that Mary is entitled to compensation of €140,000.
Her application was lodged before the deadline expired. She has never received compensation by way of a Court award or by way of settlement of a claim.
Bilateral Oopherectomy
As a result of the Lourdes Hospital Inquiry it emerged that in addition to around 122 unnecessary hysterectomies; around 50 women had both ovaries removed in circumstances where it was unnecessary.
Missing Medical Records
The Lourdes Hospital Inquiry (Report of January 2006) found that 44 sets of medical records were unlawfully removed from Our Lady of Lourdes Hospital, Drogheda with the object of protecting those involved in the hysterectomies.
See a full copy of the report on the Department of Health website: www.dohc.ie
Please note that this article is for information purposes only and does not constitute legal advice.
Seeking Health Law Advice
For further information, please contact Malcomson Law by calling 01 8744422 or complete an Online Enquiry Form. A solicitor who specialises in this area will contact you to advise you of your legal rights and entitlements.
This news section contains stories of interest from publicly available news sources. Where we are representing the clients referred to in the news material we will say so. Where we do not represent individuals or bodies mentioned or quoted, the inclusion of the news story in our news section is not intended nor should it be taken to imply that we act for the individual or body concerned.