Friday 28 October 2016

Mother awarded €117k after swab left inside her during baby's delivery

Tim Healy

Published 26/01/2016 | 16:55

Sarah Daly leaving court today Photo: Courtpix
Sarah Daly leaving court today Photo: Courtpix

A MOTHER who sued two doctors after a swab was left inside her during the delivery of her baby has been awarded €117,000 by the High Court.

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Sarah Daly (38), a marketing manager from Rathfarnham in Dublin had sued her consultant, Valerie Donnelly, and another consultant, Charles Julian Dockeray, who managed the delivery and was standing in for Ms Donnelly on April 22, 2013, at Mount Carmel Hospital in Dublin.

Mr Justice Kevin Cross said what ought to have been a very joyous occasion for Ms Daly had become something that will live with her for the rest of her life.

The judge said Ms Daly was entitled to be compensated for the wrongful insertion of the swab and the fact that it was not diagnosed despite her complaints for a considerable time.

She was also entitled to compensation because no internal examination took place and  she was discharged from hospital when the swab was removed without any anti-biotic and had developed a significant infection.

Ms Daly was admitted to Mount Carmel on April 22 and her baby was safely delivered.

Three days later, she was in extreme pain and distress and taken back to the hospital by her husband but no internal examination was carried out, the judge said.

On April 28, in an internal examination, the swab which was "offensive and malodorous" and the "size of a plum" was removed.

The judge said it is common case the  swab ought not to have been left inside Ms Daly and  should have been detected sooner.  It would have been detected had there been an internal examinations carried out on her first complaints, he said.

He believed a total award of €117,000 was fair and reasonable.

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