Monthly Archives: December 2017

€5m misdiagnosis negligence settlement for Woman (60)

60 years old Bernadette Surlis has had a misdiagnosis negligence settlement with the Health Service Executive (HSE)  of €5m approved in relation to the treatment she received at Sligo General Hospital in 2013.

Senior Counsel Mr Cush said that, if  had Ms Surlis been properly and quickly diagnosed and treated in November 2013, she would not have suffered the injuries. He advised the court that liability was accepted by the HSE.

Ms Surlis attended Sligo General Hospital on November 3, 2013, as she a headache, was vomiting and had a dilated left pupil on her eye, but was designated as category three and left to wait for treatment for another three hours. ‘Triaged’ refers to the fact that she was not treated as an immediate emergency.

Physicians looked over her for evidence of glaucoma and discharged her. However, she returned the following day when the severity of her condition was “appreciated for the first time”.

Ms Surlis, who lives at Drinaum, Strokestown in Co Roscommon was transferred to Dublin’s Beaumont Hospital on November 5 as she suffered a hemorrhage and severe/permanent injury. She now needs permanent care and Mr Cush said the opinion of experts was that her condition will only slightly improve over the course of her life. She is aware regarding her condition and has difficulty communicating but can do so with the assistance of her family members. Ms Surlis has three grown children and four sisters living nearby her.

It is thought that if she had been sent to Beaumont when she first attended the hospital in Sligo she could have been treated properly and made a full recovery.

Bernadette Surlis is now restricted to a wheelchair and lives in a nursing home. Mr Justice Kevin Cross was advised that the misdiagnosis negligence settlement means she may realise her wish to return home in the future.

Judge Mr Justice Kevin Cross said the medical negligence settlement was a “reasonable and very good one” and that he hopes it will lead to Ms Surlis returning to live at home.

Boy (4) Deprived Oxygen at Birth Awarded €15m Compensation

A €15 million compensation settlement for a boy, now aged 4, who was injured during his birth at the Coombe Hospital in Dublin has been approved at The High Court.

The hospital issued an apology to Eoin McCallig and his family, from Dunkineely in Co Donegal, for his injuries and for the devastating consequences for the family.

Eoin’s father, Anthony, said the family could forgive the error. However, they could not reconcile themselves with the way HSE treated their family and others who suffered similarly.

Mr McCallig feels that there must be a “better way” of handling cases involving seriosuly injured children than through litigation actions lasting years to a “bitter end” and last-minute settlement attempts. He told the High Court President Mr Justice Peter Kelly that something has to change.

He said that the HSE has spent €800m over the last ten years fighting these compensation cases. Mr McCallig felt that this money could be put to better use.

Mr McCallig stated that the birth injury settlement of €15m would never change what happened to Eoin, but it would provide some peace of mind for the family as they knew that Eoin would now be taken care after if anything happened to them.

The court was told that staff at the Coombe Hospital, stopped monitoring Eoin’s heart rate at 9.30am on the morning of his birth. Eoin’s parents believe that if he had been monitored after this, it would have seen he was in distress before he was deliver at around 11.30am. The court heard Eoin wasbeen deprived of oxygen in the 20 minutes leading up to his delivery.

It was argued that if Eoin had been monitored and delivered earlier, he would not have suffered such catastrophic injuries. The court was told Eoin was a very smart boy, but he is unable to walk or talk and can communicate with other people using only with his eyes and facial expressions.

In a media statement released through their solicitor, Michael Boylan, Eoin McCallig’s parents said the Coombe Hospital settlement was welcome but the family “would hand this €15 million settlement back in a heartbeat if Eoin could get back what was robbed from him in those two precious hours before his birth”.