Surgical Injury and Failure to Obtain Informed Consent
A €112,500 settlement was achieved for a client who suffered nerve damage during surgery, without being properly warned of the risks involved.
This outcome underscores the legal obligation of medical professionals to obtain and document informed consent.
Published: 30 Jul, 2025
Author: Ritika
Read Time: < 1 min
Background
A 62-year-old woman suffered a sural nerve injury during surgery. While this type of injury is a recognised risk associated with the procedure, there was no evidence that she had been informed of this risk prior to the operation.
The Medical Negligence
The client sustained a sural nerve injury during surgery. Independent medical experts confirmed:
- No documentation proving the patient was warned about the risk.
- No indication that the surgeon took appropriate steps to identify or protect the sural nerve during the operation.
As a result, there was a clear breach of duty in both the consent process and surgical technique.
Key Legal and Medical Issues
- Lack of Informed Consent: Failure to adequately inform the patient of known surgical risks.
- Surgical Negligence: No documented effort to avoid damage to the sural nerve.
- Expert Support: Medical evidence was essential to demonstrate that best practices were not followed.
Outcome of Case
In December 2023, a settlement of €112,500 plus full legal costs was secured. This result reflects both the seriousness of the injury and the breach of medical and legal standards.
Legal Significance
This case was notable for:
- Demonstrating how a lack of informed consent can be a standalone legal issue.
- Highlighting the responsibility of medical professionals to document risk communication and take precautions during surgery.
How G&A Supported This Client
Gibson & Associates acted swiftly and strategically to build a robust case:
- Carried out an in-depth review of all relevant medical records and surgical notes.
- Engaged appropriate medical experts to assess both the consent process and the surgical conduct.
- Issued proceedings in December 2019 and managed litigation through to successful resolution.
Thoughts from our legal team
“This case reminds us that patients have the right to understand the risks associated with any procedure, and that consent must be fully informed and documented. We were pleased to help our client achieve justice and recognition for the harm she suffered.”
Anna O’Donoghue, Solicitor, Gibson & Associates
Read more client stories…
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