Mary was admitted to the Mount Alvernia Hospital for laser laparoscopy for suspected endometriosis. During the surgery, Mary was anaesthetised, but she was not ventilated with oxygen for a period of about 10 minutes due to the negligence of the consultant anaesthetist.
The anaesthetist also failed to ventilate Mary continuously for some hours following the surgery to ensure adequate oxygenation.
As a result of the anaesthetist's negligence, Mary suffered hypoxic cerebral damage, which is brain damage caused by a lack of oxygen to the brain.
Fortunately, Mary recovered well but she still suffers memory impairment, impaired concentration and continuing cognitive weaknesses, including a mild general deterioration of her intellectual function.
Mary instructed Paul McNeil to pursue an anaesthetics negligence claim. The defendant immediately admitted negligence but causation was denied and therefore it was impossible to quantify damages.
At the time of the negligence, Mary was a qualified midwife who had been undertaking a degree course in health studies. It was her intention to qualify as a primary school teacher. She has not been able to work full-time since the accident.
The trial was fixed for 29 October. Paul McNeil settled the case a few days before trial for £305,000 damages plus costs which means that Mary will not have to pay any legal fees.
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