Category Archives: HSE Hospital Medical Negligence

HSE hospital medical negligence can occur in any medical facility where the state has a responsibility for your healthcare. To establish that an injury or the avoidable deterioration of an existing condition has been caused by HSE hospital medical negligence, it has to be shown that the treatment provided for you “at the time and in the circumstances” was below the accepted standard of care in the medical community. Speak with a medical negligence solicitor on our Freephone helpline for more information about claiming compensation for HSE hospital medical negligence.

Court Informed that Newborn Baby Died 13 Hours after Doctors Withdrew Care

A High Court medical negligence action hearing, that was submitted by the parents of a newborn baby who died “gasping for breath” for a 13-hour period after doctors stopped administering care, has begun.

The compensation action was taken against the Health Service Executive (HSE) by the baby’s parents 31-year-old Tia Suhaila Habib and 39-year-old Robert Coyne (39), from Westmeath. The action is seeking damages for alleged medical negligence and breach of duty regarding in relation to the events that took place during the birth and tragic death of their son Jack Coyne at the Midland Regional Hospital in Mullingar during September 2016.

On September 23 2016 Jack was delivered, the third child of Tia and Robert, was delivered by caesarian section.

Legal representative for Jack’s parents, Declan Doyle SC, informed the court that he died in his mother’s arms following the “most harrowing 13 hours” during which time the infant was “gasping for breath” after doctors had withdrawn care.

Mr Doyle told the Judge that the medical testimony will show that the child was baby was born with a “very significant” loss of blood and that, due to this, a blood transfusion should have been completed soon after delivery. He added that he will be presented evidence to show that the baby would have survived if a blood transfusion had taken place soon after delivery.

While the HSE first refuted these claims, it has now changed its stance and admitted that a blood transfusion should have taken place. However, it does not accept that doing so would have had a “causative impact upon the outcome”. All other claims are refuted..

In the legal action that was submitted to the High Court, Ms Habib says that she was admitted hospital around 10am as she was suffering with increasingly severe abdominal pains. These had begun in the early hours of the morning of September 23.

After 11am, it was noted that there had been a fleeting deceleration of the baby’s heartbeat and it then became difficult to detect the heart rate. Due to this an emergency lower segment c-section was scheduled and Jack was delivered at 12.59pm, weighing 2.68 kilos, it was claimed that he was pale, limp, with no heart rate and with the umbilical cord around his neck.

The medical team began a number of procedures to treat this, but despite the infant was still  pale and with no respiratory effort. it was also alleged that Doctors from the National Maternity Hospital later did not recommend moving Jack there, as it was thought he could have experienced ed a cardiac arrest in the ambulance, it was claimed. Due to this care was withdrawn and the baby passed away at 5.15am the next day.

Mr Doyle informed the Judge that Jack’s parents have, following the death of their baby, suffered nervous shock and associated injuries. He added that Ms Habib’s and Mr Coyne’s mental health has been significantly impacted. The court was told that the plaintiffs are seeking damages for these injuries that are a result of nervous shock, as well as a fatal claim for solatium as per the Civil Liability Act.

additionally, the plaintiffs are claiming that the defendants did not supply the required adequate care for the safety and wellbeing of them or their son.

The case continues.

€18m Cerebral Palsy Compensation Settlement for Boy Who Suffered Injuries During Delivery

In the High Court A letter of apology from the National Maternity Hospital (NMH) to Fionn Feely has been read out following the approval of a cerebral palsy compensation settlement of €18m for the young boy.

The Dublin hospital apologised for the shortcomings in care at the time of Fionn’s birth, who is now six years old, which resulted in him sustaining significant injuries. The young boy suffers with spastic quadriplegic cerebral palsy, cannot communicate verbally and must be tended to 24-hours a day.

Counsel for the young boy and his family Liam Reidy SC, instructed by Lyndy Cantillon solicitor, informed the High Court that his clients were claiming that Fionna should have been delivered three hours earlier and that he sustained the brain injuries towards the end of the labour.

Fionn, through his father, took legal action against the National Maternity Hospital at Holles Street, Dublin, in relation to the circumstances of his birth that took place in April 2015.

It was alleged that there had been a failure to properly manage the pregnancy and labour of Mrs Feely and a failure to properly monitor the baby’s foetal heart rate. Additionally it was alleged there had been a failure to identify and treat the symptoms or signs of foetal distress and a failure to opt for a caesarean section in the circumstance of elevated maternal temperature and pathological CTG trace.

The NMH accepted that there had been a breach of duty in relation to the claims admitting that a foetal blood sample should have been opted for in relation to Mrs Feely’s care between 20.55 hours and 21.10 hours and further thought should have been given at 21.10 or shortly thereafter to deliver the infant using a caesarean section.

The letter to the Feelys, which was read to the court, was from the Master of the NMH, Professor Shane Higgins.

It said: “On behalf of the National Maternity Hospital I wish to sincerely apologise for the shortcomings in care during Mrs Feely’s labour and delivery in April 2015 and to Fionn for his devastating injuries. We do not underestimate how difficult and traumatic it has been for you and your family and acknowledge the challenges that you have faced on a daily basis since that time and we are truly sorry.”

Stephen and Deirdre Feely, Fionn’s parents, said fighting for justice for their first-born has changed them. In a statement outside the Four Court Fionn’s father Stephen said that over the previous six years they have experienced much sadness, worry and grief on a daily basis, but their son is “much more than his diagnosis.”

He said: “Like many people anticipating the birth of their first child, our hopes and dreams were wrapped up in one little person. “Those dreams were shattered, and it is difficult to describe the devastation we experienced. The joy of holding our first-born child in our arms was taken from us. It was supposed to be the happiest day of our lives, it became our worst.”

“We are his world, and he is ours. “Our hope now is that we finally have the opportunity to enjoy just being parents to Fionn, as opposed to primarily being his carers and then we will also have a chance to give him absolutely everything he needs and deserves to get the most out of his life. There has been no respite from our grief, no respite from our daily struggles and worries, no respite from the what-ifs and whys and the thoughts of what could have been.”

He added: “No amount can account for what Fionn has lost or ever bring back the child that Fionn should have been, but this money will go towards giving him a future he can look forward to and thrive in.”

As he was approving the birth injury compensation settlement, Judge Justice Paul Coffey praised the Feelys for the remarkable job that they have done as parents to Fionn.

 

HSE Settle Negligence Compensation Action with Family of Dead Woman for €68,000

The HSE has settled an alleged negligence compensation action with the family of a woman who passed away after suffering with a sepsis infection caused by peritonitis €68,000.

The woman, Rose Malley, had a history of pancreatitis and passed away at the age of 72.  In the compensation claim submitted her family alleged that her death was a result of a Peg feeding tube shifting after being inserted and leading to septic shock.

Yesterday at the High Court,  Justice Garrett Simons gave his approval for a proposed compensation settlement for the wrongful death of Rose Malley, the deceased mother-of-six from  St Patrick’s Avenue, Crossmolina, Co Mayo, at Connolly Hospital, Blanchardstown, Dublin, on March 19, 2015.

In the compensation settlement the entire €35,000 solatium, the statutory payment under the Civil Liability Act – €8,402 in special damages, is included along with other legal costs.

Acting on behalf of Rose O’Malley’s daughter, Catherine, Alistair Rutherdale BL told the court that it was being alleged that there was negligence in relation to the placing, monitoring and application of a Peg tube leading to the tragic death of Mrs O’Malley.

Mrs O’Malley had a history of suffering with cholecystitis, inflammation of the gallbladder, and was scheduled to have a procedure to address this in October 2012 at Mayo General Hospital. The court was told that a decision to leave gallstones in place created the potential for more issues such as acute pancreatitis.

Mr Rutherdale informed the judge that Mrs O’Malley attended the Blanchardstown hospital on December 27, 2014, with symptoms including vomiting and her family were of the belief that it was a mistake to send her home on December 30.

She was taken back to the hospital on on January 5 when it was discovered that she was suffering with with pancreatitis and pneumobilia. Mr Rutherford told the court that Mrs O’Malley had been making a slow recovery from this ailment when a Peg feeding tube was place, to assist with her rehab, on March 13, 2015. Sadly, it appears that that tube had shifted and peritonitis occurred that lead to Mrs O’Malley’s death.

A €68,000 settlement was approved in the case and, in a statement made public afterwards, the family confirmed that the submitted the legal action “to highlight the deficiencies” in their mother’s care and because they did not want to see other patients suffer in the same way.

Coombe Maternity Hospital to Pay €35,000 Birth Injury Compensation to Parents in Wrongful Death Case

The Coombe Maternity Hospital has been directed to pay a wrongful death compensation payment of €35,000 by the High Action to the parents of an infant boy, who passed away hours after he his delivery.

Representing the family in court, Richard Kean SC appearing with solicitor Caoimhe Haughey for the plaintiffs, informed the judge that this case was caused by the untimely and “very tragic” death of baby Rory.

Rory Jason Sweeney Butler died on November 19 2015 at the Coombe Maternity Hospital. His parent, Assumpta Sweeney and Jason Butler, alleged that this happened due to medical negligence compensation and submitted a birth death compensation action against the Coombe Women and Infants University Hospital. The claim stated that the hospital had acted in a negligent manner and that they suffered from nervous shock for a number of months due to their son’s wrongful death in the hospital’s neonatal intensive care unit .

Liability in the case was accepted by the defendant .

At the High Court approval was given for the statutory compensation award by Justice Robert Eager, referred to as the solatium for distress for the parents and siblings of the child.  The Judge was advised that other family members had waived any entitlement to any payment out of the award.

In additional to this the Court was also told that there are due to be more, separate, legal proceedings taken in relation the the circumstances of Rory’s tragic passing.

The Coombe Hospital has previously been order by the Courts to pay compensations in relation to issues that were experienced during the birth of a child. In 2013 the maternity  hospital was found responsible in the case of a dyskinetic cerebral palsy medical negligence compensation claim which was submitted by the parents of a then 10-year-old boy who was born suffering from near total acute hypoxic ischaemia. A subsequent investigation into the claim revealed that dyskinetic cerebral palsy was caused due to medical negligence.

Dara Brennan, who sustained a facial injury during his delivery at the Coombe Hospital on November 12, 2009  was awarded €65,000 medical negligence compensation and Eoin McCallig from Dunkineely in Co Donegal and his parents was awarded €15m in relation to the injuries he sustained his birth when he was deprived of oxygen at birth.

 

November Date Set for Second Lead Action of Approximately 100 Swine Flu Vaccine Compensation

The High Court has revealed that the second lead action of about 100 cases in relation to swine flu vaccine that was created during the pandemic of 2009 and 2010 has been provisionally fixed for November.

15-year-old Benjamin Blackwell submitted a compensation claim against against the Minister for Health, the HSE and Glaxosmithkline Biologicals SA (GSK), manufacturer of Pandemrix in relation to the side effects he suffers from after being administered the vaccine in 2010 including narcolepsy, a sleep disorder, and cataplexy associated muscle weakness.

it is estimated that the hearing will last for at least 16 weeks. it is the second ever Pandemrix compensation case to come before the court. The legal action will be presented with evidence and testimony from a range of expert and other witnesses.

The original legal action related to compensation for suffering brought on by the Pandemrix vaccine, was pursued by 26-year-old Aoife Bennett. This action was settled in November 2019 after a five week hearing on confidential terms for an undisclosed sum and with no admission of liability. Ms Bennett’s legal representatives were seeking around €6m compensation in relation to Ms Bennett’s suffering.

Ms Bennett was administered with the Pandemrix vaccine in school in December 2009 as part of the State campaign to tackle the the swine flu pandemic. She claims that she suffers from narcolepsy and cataplexy due to the vaccine she was given.

A hearing date of November 3 2020 was set on Wednesday by Justice Michael McGrath for the Blackwell legal action. The judge agreed to fix that provisionally as the hearing date but stressed the hearing going ahead is contingent on the situation in November in relation to Covid-19 and on finding a venue large enough to host the personnel involved in the hearing.

In the Four Courts there is no room available big enough to house the people involved in line with the current Covid-19 guidelines. It is hoped that attempts to address this will bear fruit but, in the meantime an appropriate alternative venue will be sought.

The judge said an update will be provided in September.

Nine-year-old Girl Awarded €12m Settlement in Failure to Act Case Against the HSE

Earlier today Justice Cross gave his approval for a a €12m failure to act compensation settlement at the High Court in favour of a nine-year-old girl who suffers from brain damage due to the fact that she was not admitted when she first attended hospital in relation to a case of bacterial meningitis.

The hospital negligence legal action was submitted against the Health Service Executive (HSE) by Cabrini Fallon on behalf of her daughter Robyn Kilgallon as a result of the medical attention she was given at Sligo General Hospital on February 1, 2011, when she was just 10 months old.

The court was informed that Robyn’s parents took her to the hospital following a referral from their family doctor was felt that was may be suffering from a viral infection. Even though Robyn was displaying symptoms including a high temperature and vomiting, had little control of her faculties and had eyes rolling in the back of her head, she was allowed to go home by a junior doctor as, her parents were advised, the results of the blood tests that they carried out on Robyn’s had no indication of any significant concerns.

Sadly, as Robyn’s condition did not improve and she was taken back to the hospital on the morning of February 2. By this time she was quite sick, not responding and had suffered a seizure. Due to this was was admitted to an intensive care unit where she was then incubated. A transfer to the Royal Victoria Hospital in Belfast was arranged as the physicians in SLigo General Hospital deemed her condition to be of a serious enough nature to need specialist treatment.

Due to the alleged delay in the treatment of Robyn’s condition she now experiences significant development delay , walking and a difficulty communicating with others.

The medical negligence compensation claim stated that the HSE had been negligent in not admitting Robyn for immediate treatment when she first presented to the hospital with a suspected bacterial infection. Along with this it was alleged that Robyn, of Caltragh Road, Sligo now suffers from brain damage as a result of this failure to admit her.

The Judge was informed that Robyn’s mother and her father, Declan Kilgallon, have plans to hoping to move to a more suitable house that allows for Robyn to move about more easily due to her physical and mental restrictions. Donnacha Anhold, solicitor for the Kilgallon family, read out a statement that said Robyn was in a 100% perfect physical condition when she first presented to Sligo General Hospital. He went on to say that the family was grateful that the HSE apologized to them last week and were hoping that there would be some further communication from the organization in future to detail how they plan on avoiding something like this happening in the future.

The HSE accepted liability in the action and Judge Justice Cross said he was happy to allow approval for the settlement in the failure to act compensation claim.

 

Health Service Executive Sued by 59-Year-Old Woman in Relation to BreastCheck Misdiagnosis

A mother of two has taken a BreastCheck misdiagnosis compensation claim against the Health Service Executive (HSE).

Siobhan Freeney has claimed that the mammogram she had during June 2015 was not interpreted properly. Shortly afterwards the test she was sent a letter from the BreastCheck service to inform her that the mammogram results had come back negative for cancer. Approximately six months later Ms Freeney was diagnosed with cancer in her right breast and she is now taking a case claiming that the original mammogram should have returned a diagnosis of cancer which would have led to additional assessments being arranged.

Ms Freeney’s legal counsel Jeremy Maher SC informed the Judge that due to this delay in her diagnosis, Ms Freeney says that they chance todiscovert the cancer at an early stage was missed. Mr Maher SC told the court that they are filing the claim due to the alleged delay in the diagnosis of Ms Freeney’s breast cancer. The breast cancer was not finally diagnosed until December 2015.

It was also claimed that Ms Freeney was not referred for additional assessment after the tests that were completed at the mobile clinic in Gorey. They said that a triple assessment including a clinical assessment mammogram and ultrasound would have been conducted and identified the cancer if this had taken place.

The claim that was submitted alleged that there was a failure to failure to advise, treat and care for her in a proper skillful, diligent and careful fashion along with a failure to use reasonable care skill and judgment when examining her mammogram on June 17, 2015. Finally it was claimed that there was an a failure to spot features in her mammogram of her right breast taken that June may have been cancer.

All the claims are refuted by the HSE. Counsel for the defence said that the cancer would have been smaller and she would not have required radiotherapy and chemotherapy if the cancer has been discovered in the initial test. The court was told that their case was the mammogram taken in the mobile clinic was incorrectly reported as showing no signs of cancer. Experts for their side said that if Ms Freeney had been sent on for additional assessment the cancer would have been discovered.

 

Apology Issued by HSE for Man’s Death in 2011 Due to Medical Negligence

An apology has been made by the Health Service Executive (HSE) to the family of a man as a result of his death that occurred at St Luke’s Hospital in Kilkenny in 2011.

John Joseph Comerford was taken  to the hospital in Kilkenny during March 2011 for hernia repair surgery. Sadly, the High Court was informed, the 68-year-old passed away three days later in “very distressing circumstances”. An inquest into his death in 2014 returned a ruling that death was caused by medical misadventure.

The family said that Mr Comerford was taken back to the hospital two days following his hernia surgery with shortness of breath, abdominal pain and low blood pressure. A CT scan indicated that there was fluid in his abdominal wall and after the site of the operation was opened again, faecal smelling fluid was drained away from the area in question. When he was taken to the intensive care unit, he suffered two cardiac arrests and died away on 21 March 2011. Due to his death, Mr Comerford’s family kicked off a medical malpractice trial against the HSE. The HSE admitted liability and the case was then settled for an undisclosed sum.

The HSE apology on behalf of St Luke’s General Hospital was read aloud in court. it said: “We apologise to Mrs Comerford and to her children and extended family for the events leading to the death of Mr John Joseph Comerford in the 21st of March 2011. We do not underestimate the distress and sadness caused to Mrs Comerford and her children by the loss of their husband and father. We offer our sincere condolences”.

Speaking outside the court, Mr Comerford’s daughter Karen Brown said she is happy the case has finished but is “disgusted” that it has taken this so long. She remarked: “It feels very sad that it’s taken this long to happen. It’s sad my kids have missed out on their granddad. They adored him for the little time they knew him”.

Mr Comerford’s son, David, also issued a statement following the case and described his father someone who enjoyed gardening who came to Ireland from the UK to retire in the late 1990s. He said his dad was enjoyed the allotments and continued working as a builder when he came here. He and his sister said their mother, who is now in her late 70s and was not present in court on the day, had to return to live in the UK since her husband’s death to be nearer to her children. He remarked said: “You mourn your loved ones and it never goes away, but this just brings it to the surface time and time again. You think of him every day.”

Autistic Teenager and Hospital Agree €7.25m Birth Injury Compensation Settlement

An autistic Teenager and the National Maternity Hospital (NMH) have agreed a €7.25m Birth Injury Compensation Settlement.

The award was made to a 13-year-old boy at the High Court due to the complications that took place occured during his birth at the National Maternity Hospital (NMH), Dublin on July 30, 2005.

Legal representatives for the the boy, Finn Phillips, who is on the autism spectrum, Jeremy Maher SC said that the their case was founded based on the protracted labour and difficult birth being the alleged cause of Finn’s autism. He added that this was a test case as this issue had never been determined by a court in Ireland, the UK “or anywhere”.

Finn, who took the legal action through his mother Lisa Marie Murphy, argued through his legal team that he is on the autism spectrum as a result of the complications which arose during his birth at the hospital. The National Maternity Hospital refuted all of these allegations.

Finn was given birth to through a ventouse delivery and it is alleged he was unnecessarily exposed to both asphyxia and trauma from the vacuum extraction. As a result of this, the Judge was informed he was allegedly unnecessarily exposed to their potential long term effects. The injuries he encountered it was alleged, included developmental delay and autism. It was claimed that there was an failure to manage Finn’s mother’s labour properly and an alleged failure to take action in appropriate time. Finally there was a claim made by the the legal team that Finn was pulled an unnecessary amount of times and he had been allegedly subjected to excessive tractions.

COmmenting on the award outside court, Finn’s mother Lisa Marie Murphy said: ” (her son) is a wonderful boy. He would have been a fantastic man if everything had gone according to plan. Now we can make strides to help him be the best man he can be,” she said. The settlement means as parents we don’t have to worry, Finn’s care is there. It means we can go privately for his care.”

Presiding Justice Kevin Cross was told that mediation talks had taken place last Monday and a settlement was agree to put before the court. Justice Cross said he was happy to hear it had been agreed. He wished Finn and his family all the best going forward.

Medical Negligence Compensation of €63,000 Award to Woman Left with Forehead Scar due to Post Op Negligence

€63,000 medical negligence compensation has been awarded to 58-year-old Concepta Anderson at the High Court after she suffered an accident during her post operative care at St James’s Hospital in Dublin following a procedure to remove of a heart pacemaker.

Ms Anderson, from Sooey, Co Sligo, began the legal action against the hospital after she suffered an episode of syncope (heart stoppage leading to a blackout) and fell to the ground when she was in a hospital toilet on May 18th, 2014.

The accident happened when when she was going through a recovery period after a procedure to take out her permanent pacemaker. Ms Anderson was waiting for her new pacemaker to be placed. She sustained a head injury and has a permanent cut on her head.

Mr Justice Anthony Barr said, in his reserved judgment, that prior to having a pacemaker inserted  Ms Anderson had a known history of falls and syncope and was a fall risk after the removal of her pacemaker.

However, the Judge said that there was negligence on behalf of her consultant cardiologist in not making sure that clear directions were provided to nursing staff that Ms Anderson was a fall risk and therefore should be told to remain in her bed and only permitted to walk about with proper assistance.

Due to that negligence Ms Anderson was not told to stay in bed and was allowed move freely within the range of her telemetry monitor. The judge said that this placed her in serious danger.

He added that the claimant was lucky, when she did experience the syncope episode, that she was in the toilet. He did not accept the additional claims of negligence in relation to a decision not to insert a temporary wire after the removal of the pacemaker and before the replacement device was inserted. Ms Anderson sustained a moderate head injury as a result of the fall, he added.

The Judge went to say that he believed that Ms Anderson is self conscious in relation to her forehead wound which, while not ugly, was permanent. He awarded her medical negligence compensation of €63,112.

€300,000 Medical Negligence Compensation Awarded to Family of Woman Who Died Following Hernia Operation

The High Court yesterday saw a private medical clinic issue an apology for the failures in the care for a 52-year old woman who died due to sepsis after contracting a rare infection in the aftermath of a hernia operation. This was following the award of €300,000 medical negligence compensation to the family of the woman.

The woman, Ms Susan McGee, was a mother of two at the time of her death. She passed away just 11 days after the hernia operation at the Hermitage Clinic in Dublin on July 24, 2013. Ms McGee had developed a rare Clostridium Difficile infection in her bowel following hernia operation. At the inquest into her death, a verdict of medical misadventure was returned.

Ms McGee’s daughter, Melissa Barry, spoke before the court saying that the death of her mother had a massive effect on her family. She said: “Our mother is missed every day by her entire family and a large circle of friends. We owed it to our amazing mam to seek answers and justice. We hope she can now rest in peace while we can rebuild the rest of our lives.”

Ms Barry added: “The Hermitage Medical Clinic has reassured us new procedures are in place for the handover of patients and we hope lessons have been learned. Patients need to be assured that details of their medical condition and care plan are properly communicated  if they are being put in to the hands of a different medical professional. Hospital staff must also listen to and act on the concerns of a patient’s family.”

The medical negligence compensation case against the Hermitage and consultant surgeons Arnold Hill and Colm Power was taken by Melissa Barry, Grange Rise, Stamullen, Co Meath and her brother John McGee , Bretton Woods, Skerries Road, Rush , Co Dublin in relation to the  treatment their mother received at clinic in 2013.

The High Court was informed that the defendants admitted liability after McGee suffered complications in the aftermath of hernia surgery in July 2013. Ms McGee’s surgeon was on annual leave when she was taken back into the clinic after becoming ill. The court was advised that another doctor was not available to administer care to her as he was on duty in a separate hospital and a third doctor was not told about Ms McGee’s condition. Sadly, after some attempted emergency surgery, she died on 22 July 2013.

Mr Justice Robert Eagar, in approving the medical negligence compensation settlement, expressed his condolences to the McGee family.

High Court Rules that HIV Victim’s Daughter may be Awarded Compensation

The decision of the Hepatitis C compensation tribunal to prevent the daughter of a man who died from HIV infection due to contaminated blood products from seeking a medical negligence compensation award for psychological suffering has been overturned at the High Court.

Mr Justice Bernard Barton said it was hard to accept that the tribunal made an award to the man’s wife in 2009 in connection to what was termed to as the “horrific” circumstances of the man’s death and then not make a similar ruling in relation to his daughter who went through the same experience. Judge Barton ruled that the claim should be sent back to the tribunal “for assessment and award”.

The daughter, who is now 44 years old, was in her teens when her father passed away. She had appealed to the court against the Minister for Health and Children, with the Hepatitis C and HIV Compensation Tribunal as a notice party, over the decision made by the tribunal in February 2015 not to allow her submit a medical negligence compensation claim. Her father was one of a group of over 100 people suffering from haemophilia who was given a blood transfusions that was contaminated. As a result of this he contracted HIV and died from issues he experienced from the disease in 1989 when he as just 40 years olds.

The tribunal approved a medical negligence compensation payment to the man’s wife in 2009 in relation to the trauma she experienced leading up to her husband’s death. The Hepatitis C tribunal had said that the death of the man in question was “one of the worst cases” before it.

Mr Justice Barton said that the man’s daughter had been seriously depressed and was admitted to hospital in 2006 so her illness could be treated. However she still suffers from it today. The Judge said he accepted the daughter’s testimony in relation to the psychological affects that the circumstances of her father’s death had on her.

Justice Barton sent the issue back to the tribunal “for assessment and award”.

Failure to Treat Compensation Settlement of €2m Awarded to Woman Suffering from Ovarian Cancer

A woman who is suffering with terminal ovarian cance has settled her High Court action against the HSE for €2million in Failure to treat compensation. The woman, who cannot be named by order of the court,  took the compensation action following an alleged failure to take proper measures to safeguard her from the danger of developing the cancer.

Regardless of the fact that there was a known family history of ovarian cancer she was not given  genetic testing. In September 2017, when she was finally sent for the genetic testing , after she had started to develop the ovarian cancer,  the results showed that she had been a “carrier all the time.”

Counsel for the woman Patrick Treacy SC advised the court the HSE would be sending a send a “letter of regret” to her. The settlement followed mediation talks with the woman and her family and does not include an admission of liability.

Mr Treacy stated that it was her wish that her case would improve the genetic screening services.

The legal action was taken by the woman, her husband and family against the Health Service Executive. In 2015 the woman underwent a colposcopy and it was discovered that she experience mild changes in the cervix area. Later, in February 2017, test showed that she had ovarian tumours and pathology indicated high grade 3 serious cancer of both ovaries and she underwent a hysterectomy.

Following a genetic analysis in September 2017, that the woman had a pathogenic mutation in the BRCA1 gene. In other words, she was a person who was at high risk of ovarian cancer. It was also claimed that the woman’s cancer was allowed to develop and spread unidentified and untreated until she was finally diagnosed with Stage 3c high grade serious ovarian cancer in February 2017.

The Health Service Executive denied the allegations. Mr Justice Paul Butler approved the Failure to Treat compensation settlement.

20% in Overall amount paid out in Medical Negligence Claim During 2017

The State Claims Agency (SCA) has revealed medical negligence made up, by far, the largest percentage of compensation claims paid out against the State last year.

The main finding of the report was that, by far, that largest portion of compensation pay outs by the SCA in 2017 was taken up by the public medical sector.

In 2017 €248.88m was paid out by the State in relation to clinical negligence claims in 2017. This represents a rise 20.6% on the €206.4m figure paid out during 2016.

The figures were made available to Fianna Fail Finance Spokesman Michael McGrath in response to the question submitted to the Minister for Finance Fine Gael TD Paschal Donohoe. He had asked for financial details of the sums paid out by the State in compensation claims.

The official response from the Minister for Finance show that that the SCA has paid out €1.123bn since 2010 in relation to medical negligence claims. Between this figure for clinical claims, and a further €32.87m in general claims awarded against the general health sector, €1.235bn has been paid out since 2010.

Major rises experienced in compensation claims against the following area over the last seven years:

  • Personal injury claims awarded against the Defence Forces = €23.6m
  • Irish Prison Service personal injury claims = €19m
  • TUSLA, since it was established in 2013, has paid out €11
  • Other state authorities have paid out €111m since 2010.

Other significant point to note from compensation claims made against the state in 2017 were as follows:

  • The SCA, on behalf of Comprehensive and Community Schools, paid out €1.38m
  • Department of Health pay outs were €296,673
  • The Department of Justice paid out €261,569 in personal injury compensation
  • Children’s’ Detention Schools paid out €196,090

€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”.

Medical Errors Resulting in 1,000 Deaths in Ireland Every Year: Expert

Roger Murray, a legal professional speaking at a medical negligence conference attended by solicitors, medical workers and patients in early September, estimates that 1,000 unnecessary deaths happen annually every year due to medical negligence.

Mr Murray, joint Managing partner at Callan Tansey solicitors, remarked that the most commonly seen incidents relate to surgery (36 per cent) medicine (24 per cent), maternity (23 per cent) and gynaecology (7.5 per cent).

As a medical negligence specialist solicitor who has been involved in many compensation cases, Mr Murray said that though injured patients and families do have empathy for medical professionals who make mistakes “they cannot abide is systemic and repeated errors”.

He issued a plea for thorough investigations when mistakes do happen and referred to many inquest situations where families learned that desktop reviews had been completed following a death, and the results were not disseminated to appropriate staff. A vital improvement opportunity had been missed.

Mr Murray said 160,000 people attending hospitals in Ireland experience injuries due to human mistakes. Mr Murray was speaking at the Pathways to Progress conference on medical negligence and stated that he believes that there is “no compo culture” when it comes to medical negligence compensation actions in this country, saying that what we are seeing in the legal system is just “the top of a very murky iceberg”.

He went on to say that all those injured in medical incidents report it to the HSE. There are notifications of 34,170 “clinical incidents” annually and, of these, 575 resulted in compensation claims against the HSE, a rate lower than 1.7 per cent.

Judge Approves €15 Million Settlement for Birth Negligence Compensation

A judge has approved a settlement of compensation in a birth negligence claim amounting to a total of €15 million.

At Kerry General Hospital in May 2006, a baby boy was born by emergency Caesarean Section. Due to negligence of the staff in charge of his birth, a series of tragic and preventable errors occurred. These included no action was taken on a CTG trace indicating foetal distress, and when a heartbeat that indicated issues in the womb, no consultant obstetrician was informed of the potential dangers. Furthermore, the consultant obstetrician was not made aware of the possibility of foetal hypoxia, and the baby’s birth was avoidably delayed by approximately two hours.

Due to the avoidable delay, the boy endured a lack of oxygen in the womb, resulting in devastating brain damage. He was diagnosed with mixed dyskinetic spastic cerebral palsy. Now ten years of age, he requires 24-hour care by his family. He cannot verbally communicate, and he is confined to a wheelchair. Despite the clear negligence of their staff, the HSE failed to admit liability for nearly a decade. During this time, the boy´s family had to care for him on their own without the support they should have received from the state.

The HSE only admitted liability in 2016 after a nine-year legal battle with the family. They were prompted to admit their fault after being threatened with aggravated damages by the boy’s parents. An interim settlement of €2.7 million compensation for brain damage at birth was rushed through the courts. After further negotiations between the two legal teams, the family returned to court earlier this month for the approval of a final lump sum settlement of compensation for brain damage at birth. The final lump sum was agreed upon as €15 million . As the boy is a minor, the amount had to be approved by a judge to deem it sufficient to the boy’s long-term needs.

Judge Kelly stated that he felt the settlement was “commercial common and legal sense”. He further paid tribute to the boy´s parents for their dedicated care of their son. He further added while no money would compensate the boy and his family, it was the only form of redress the law could provide. He hoped it would give peace of mind that there is a fund to care for the boy´s needs into the future. As the boy is a ward of court, the settlement of compensation for brain damage at birth will be paid into court funds and managed by court authorities.

Court Approves Interim Settlement of Spastic Diplegia Cerebral Palsy Compensation

The High Court has approved a €1.98 million interim settlement of spastic diplegia cerebral palsy compensation in favour of a six-year-old boy.

The six-year-old boy was one of a set of male twins born by emergency Caesarean Section at Cork University Maternity Hospital on 5th October 2010. Although his brother was delivered successfully, he was born in poor health having suffered foetal distress in his mother´s womb. He was later diagnosed with spastic diplegia cerebral palsy.

On the boy´s behalf, his mother claimed spastic diplegia cerebral palsy compensation – alleging that there had been a failure by the hospital to exercise reasonable care at the antenatal stage of the pregnancy. She alleged that scans in June and September had revealed a low-lying placenta, a foreseeable cause of vasa praevia complications.

The Cork University Maternity Hospital and Health Service Executive (HSE) denied liability for the boy´s birth injuries – arguing it was not normal practice to investigate the risk of vasa praevia complications. However, an interim settlement of spastic diplegia cerebral palsy compensation was agreed without an admission of liability.

As the legal action had been brought on behalf of a child, the interim settlement of spastic diplegia cerebral palsy compensation had to be approved by a court to ensure it was in the boy´s best interests. At the approval hearing, the High Court was told about the circumstances leading up to the boy´s birth and the alleged lack of regard to the operative risk indicators for foetal distress.

The High Court was also told how, in 2014, the boy had won a National Children of Courage Award, and that last year a crowd-funding scheme raised enough money to fly the family to Missouri for Selective Dorsal Rhizotomy surgery. As a result of the surgery, the boy is now able to walk short distances, but he still requires physiotherapy, speech, language and occupational therapy.

The interim settlement of spastic diplegia cerebral palsy was approved by the High Court and the case was adjourned for five years for reports to be conducted into the boy´s future needs. In five years´ time, the family will be eligible for a further interim settlement or a lump sum payment of spastic diplegia cerebral palsy compensation if a periodic payment system has not yet been introduced.

Patient Compensated for Fall from Hospital Trolley

A man, who suffered an injury to his back after he fell from a hospital trolley, has settled his claim for compensation.

Anthony Whelan – aged sixty-four from Tallaght, Dublin – was at the Adelaide and Meath Hospital in September 2015, presenting with post-operative pain. The caretaker was admitted to the hospital overnight, and a second operation was scheduled for the following morning.

Anthony was then placed on a trolley to be taken to his overnight ward. However, there was no bed available and Anthony was placed in a corridor that was located near a nursing station. Screens were constructed around his trolley so that he could rest.

However, whilst he was sleeping, Anthony fell from the trolley, colliding with the base of the screens before falling to the floor. Though an x-ray did not show any signs of damage to his internal organs and back Anthony was administered painkillers and moved to a private ward.

The planned operation was carried out, but Anthony proceeded to seek legal counsel concerning the fall from the hospital trolley. He then made a claim for compensation against the Adelaide and Meath Hospital, claiming that during his stay he did not receive adequate care.

Though the hospital acknowledged Anthony’s fall, they contested the claim for compensation as they disputed the exerted of the damage. The case proceeded to the Circuit Civil Court for an assessment of damages.

At the court, Mr Justice Raymond Groarke was told that the parties had settled upon a compensation settlement. The judge was also informed that, because of this, jurisdiction lay within the realms of the District Court. Costs were also settled between the parties.

HSE Concedes Liability for Incorrect Treatment of Cancer

The Health Service Executive has admitted it was liable for administering treatment for cancer that was not appropriate for the case, with the case due to be heard in Dublin’s High Court.

Kevin McMahon, then aged fifty-eight from Roxboro, Co. Limerick, attended his General Practitioner’s with a sore throat in July 2010. He was subsequently sent to the Mid-Western Regional Hospital, Limerick, where doctors examined his throat. They noticed a lesion and proceeded to take a biopsy.

A second biopsy of the lesion was schedules that October, as there were concerns that Mr McMahon had cancer. However, that appointment was cancelled and another one was not rescheduled until January 2011.

It was during that January appointment that Mr McMahon’s cancer was diagnosed. The patient was told that he required immediate fourteen-hour operation to remove his larynx, meaning he now has to communicate through an artificial voice box.

However, after the procedure, Mr McMahon discovered that targeted radiotherapy was an alternative method of treating the cancer. He sought legal counsel before proceeding to make a claim against the Mid-Western Regional Hospital and Health Service Executive for inappropriate treatment of his cancer.

Mr McMahon alleged in the claim that there was no open discussion with him concerning possible treatment, and as such the decision to undergo the operation that removed his larynx was made without adequate informed consent. He also claimed that the delayed second appointment allowed the cancer to develop further and cause preventable damage, which caused him emotional trauma.

Initially, the HSE denied any liability in Mr McMahon’s injuries until a fortnight ago, just before the claim was scheduled to be heard in Dublin’s Hight Court. The hearing proceeded as planned, but Mr Justice Kevin Cross will now be asked to assess the value of the compensation settlement Mr McMahon is to receive.

Newspaper Claims HSE Open Disclosure Policy is not Being Enacted

An Opinion-Editorial Published by the Irish Examiner has claimed that the open disclosure policy for the Health Service Executive is not going to be applied for a long time.

The open disclosure policy, which dictates when the HSE should tell families when there are issues with the standard of healthcare provided to patients took place in November 2013. However, the aforementioned open editorial claimed that the policy is good on paper, yet is still not being enforced in hospitals across Ireland.

Catherine Shanahan – the journalist who wrote the piece – used the details of seven medical negligence cases that occurred in 2015 and gained some attention by the media. According to Shanahan, they demonstrate how the HSE is not admitting to their wrongdoings and as such, if they want to learn the true story of the events they endured, patients and their loved ones are forced to go to court.

Gil Russell’s case, which was one of the most well-known because of the action with the Sates Claim Agency, was used as a demonstrative case by Shanahan. Born in 2006 with cerebral palsy because of a “prolonged and totally chaotic” delivery which left her deprived of oxygen in utero, the HSE only issued an apology in 2012. At the same time, an interim settlement of compensation was awarded.

The Russell family were back in the High Court in 2014 to be awarded a €13.5 million lump settlement, which was the largest ever awarded by the state for cerebral palsy. The State Claims Agency then made an attempt to appeal the settlement, though the case was later rejected. However, the case was then taken to the Supreme Court – again depriving Gill and her family of the settlement.

Other cases mentioned in the editorial included Skye Worthington and Katie Manton – both suffered similar circumstances to Gill Russell, and both waited for years to receive an apology from the Health Service Executive for their mismanaged births.

The article makes a clear case for the claim that the policy is not being applied in Irish hospitals, and that the money put towards public and doctor education concerning the policy was a waste of government funds.

Couple Compensated for Death of Newborn

A five-figure settlement of compensation has been awarded to a couple whose son died from medical negligence after the case was heard in the High Court, Dublin.

On the 20th November 2012, Fiona Watters was admitted to the Cavan General Hospital expecting her first baby. In the morning of the 22nd, her waters and medical staff administered Prostaglandin to help move the labour along.

As the day progressed, the dose of the drug increased in strength. That evening, an attempt was made at a natural delivery, though after an hour, no progress had been made. The midwives attending Ms Watters rang Dr Salah Aziz, a consultant obstetrician, and told him that the baby was not yet visible and that there were indicators that the baby was suffering foetal distress.

When Mr Aziz arrived at the labour ward in the hospital, he discovered that another Caesarean Section was being carried out in the only out-of-hours theatre. As such, he tried both a forceps and vacuum delivery to no avail. Eventually the operating theatre became available, and Ms Watters had an emergency Caesarean Section. Her baby, names Jamie, was delivered shortly after, yet he was in very poor condition.

The baby was quickly transferred to a special care unit in the Rotunda Hospital, Dublin, where he died just two days later in his mother’s arms. An investigation ensued looking into the circumstances of Jamie’s death, yet was stopped by the High Court in 2013 when Dr Aziz pointed out that the investigators appointed by the HSE did not undertake proper procedures.

Ms Watters and her partner, Francis Flynn, had received an advanced copy of the report and sought legal counsel. After this, they proceeded to make a claim for medical negligence compensation against the Cavan General Hospital and the HSE.

The HSE did not accept any liability for Jamie’s death for twelve months after the claim was made, and then ordered another investigation to be carried out. This team was composed of an independent review team, as there were two more deaths of children at the Cavan General Hospital.

In December 2014, it was determined that Jamie’s death was caused by medical misadventure. The increasingly large doses of Prostaglandin, Dr Aziz’s failure to notify the registrar of Jamie’s imminent birth and the fact that there was only one out-of-hours theatre at the hospital were all listed to be contributing factors.

Negotiations commenced with the State Claims Agency in order for the claim of compensation to be settled. Due to the trauma sustained by Jamie’s parents, a package of €70,000 was agreed upon and the approved by Mr Justice Richard Humphreys in the Dublin High Court.

Widow Compensated for Husband’s Misdiagnosed Meningitis

A woman, whose husband died after his meningitis was misdiagnosed for constipation, is to be compensated for his death following a hearing.

When Philip Morrissey, aged thirty-nine from Kilkenny, visited his GP on the 26th May 2010, he was presenting with a high temperature, a headache and a pain in his ear. The doctor presently referred him to the Accident and Emergency Department of Kilkenny’s St Luke’s Hospital, where he was admitted to the hospital with a high pulse and an increasing intolerance to light.

Many hours after Mr Morrissey was taken into care, Mrs Gail Morrissey raised her concerns with the attending staff that her husband was drowsy and disoriented. However, she was informed by the staff that her husband was suffering from constipation. The next morning, Mr Morrissey was found in his bed, having suffered a cardiac arrest during the night. A later investigation discovered that the heart attack was caused by streptococcal pneumonia meningitis.

Mrs Morrissey sought legal counsel, and proceeded to make a claim against the HSE for her husband’s misdiagnosis. In her claim, she stated that no doctor had attended to her husband since the late afternoon before his death, and that the staff that had seen him earlier on did not accurately diagnose his condition, failing to consider that his symptoms were indicative of meningitis.

An investigation into the circumstances of Mr Morrissey’s death ensued, and after the HSE admitted liability, the parties began to negotiate a compensation settlement. A figure of €455,000 was agreed upon by the parties, though due to the nature of Mr Morrissey’s death, the case had to proceed to the High Court before the settlement could be awarded. There, it was overseen by Mr Justice Michael Hanna.

In the court, details of Mr Morrissey’s illness and subsequent death were given, and a statement was read to the Morrissey family by a representative of the HSE. Judge Hanna proceeded to approve the compensation settlement, adding that it was a “huge tragedy” for the family, and while the settlement would never be a compensation for Mr Morrissey’s loss, it was the best that could be achieved by the law.

Bereaved Parents Criticise HSE Apology

 

The couple, whose little girl died very soon after her birth, have declined to accept an apology delivered by the Health Service Executive, citing it as “six years too late”.

On the 11th February 2009, Caoimhe Mulcair was born at Limerick’s Midland Regional Hospital. Her parents, Joan and John, had been trying to have a child for many years and were elated at the birth. However, very shortly after the delivery, it was noticed that Caoimhe’s cry was abnormal for a newborn. The baby was then transferred to the hospital’s special care unit, but died just thirty-nine minutes after her birth in her mother’s arms.

After seeking legal counsel, Joan and John made a claim for medical negligence compensation against the Health Service Executives (HSE) and the Midland General Hospital. In the claim, they allege that the hospital’s failure to act after Caoimhe’s foetal heart rate was noted as slow, which resulted in her being starved of oxygen in utero. However, the HSE disputed these allegations until September 2014, at which time the Mulcairs were offered an undisclosed settlement of compensation.

Last week, a court in Limerick ruled that Caoimhe had died because of medical misadventure. This was based on evidence that a slow foetal heart lead to the deprivation of oxygen to her brain. During the hearing, Collette Cowan, Chief Executive of the Midland Regional Hospital, read an apology to Joan and John for their daughter’s death.

Yet this apology was rejected by the couple, who told reporters that it was delivered “six years too late”. John told reporters, once the inquest had finished, that whilst the couple were fighting for a compensation settlement, the HSE issued no apology and that it was shameful that the HSE “an ordinary decent family through the pain and torment we had to endure for over six years”.

Later, a spokesperson for the HSE clarified that they did not handle compensation disputes, but the State Claims Agency did. However, a columnist for the Irish Times was not impressed by this “passing of the buck”, writing that “A common interest links the HSE and the claims agency and there has been a persistent pattern of denial, prevarication and years of unnecessary delay in dealing with medical claims. The public and aggrieved patients deserve better. So do the vast majority of medical professionals

Judge Finds HSE Liable in Hydrocephalus Case

A High Court Judge has found the HSE liable for a hydrocephalus brain injury after a young girl was left physically and mentally disabled for life.

In April 2008, Ava Kiernan-just three months old at the time-was displaying symptoms of hydrocephalus (“water on the brain”). The disease is caused by spinal fluid collecting in the skull as a result of it not draining from the brain. It is diagnosed in children under a year old by bulges appearing around the skull, or by the quick increase in the circumference of the head.

Her mother brought her to be examined by a public health nurse, who did not act on her mother’s concerns, or arrange a follow-up consultation for Ava. Had a such a consultation been organised, the rapid change in the size of the young girl’s head would have been identified. However, her skull was not measured until September that year. This measurement was performed incorrectly, resulting in inaccurate results.

Due to these errors, and the original nurse’s negligence, the pressure of the spinal fluid in the skull resulted in Ava suffering from brain damage. She now suffers from both physical and mental disabilities.

On her daughter’s behalf, Ruth Kiernan sought legal advice, and made a hydrocephalus brain injury claim for compensation against the HSE. The claim was contested by the defendant, resulting in the case being brought before Mr Justice Kevin Cross in the High Court in Dublin. After a hearing of three weeks, the judge ruled in Ava’s favour. He stated that if there had been the appropriate follow-up examination, or if the measurement of her head in September had been carried out correctly, the hydrocephalus would have been identified and suitably treated. Had it been identified, the judge stated that Ava never would have suffered the brain damage due to the excess of fluid.

Judge Cross adjourned the case so that an investigation into Ava’s future needs could be assessed, and an appropriate settlement could be made to provide for her future.

Medical Protection Society’s Protocols Well Received

The Medical Protection Society’s protocols regarding the reduction costs of hospital negligence claims in Ireland have been well received so far.

The Medical Protection Society-the non-profit organisation responsible for providing legal assistance to those working in the medical sector-has brought forward proposals for “pre-trial protocols” which aim to lower the costs of hospital negligence claims. There are significant expenses involved in bringing legal action against the Health Service Executive (HSE), a problem that the Medical Protection Society is keen to fix.

Their aim is to make communication between the plaintiff’s and the defendant’s legal teams easier by promoting openness and transparency on both sides. They also want to provide an opportunity for each negligence claim made against the hospital to be investigated-and potentially resolved-before litigation is even necessary.

This improved dialogue between sides should lower the costs of medical negligence claims in hospitals across Ireland by creating less adversarial processes. In both England and Wales, solicitors suffer financial penalties if they go straight to the litigation procedure without first attempting some sort of mediation. If the MPS is successful, such penalties would not be required.

Emma Hallinan-the MPS’s Director of Claims-proposes that the protocol should first be trialled voluntarily before any legislation is introduced. She states: “We recognise the important role that the MPS must play, and have committed to trialling procedural reform before it is introduced in statute. We are in the process of writing to plaintiff lawyers with large medical negligence practices to request that they work with us to pilot this.”

Among the various proposals put forward by the Medical Protection Society, a tariff of general damages would be introduced. This is comparable to the Judicial College’s “Guidelines for the Assessment of General Damages in Personal Injury Cases” in the UK. It would act as a scale of compensation awards for specific physical injuries caused by hospital negligence, ranging from dental damage to severe brain trauma.

Other general damages-such as loss of amenity and emotional trauma-as well as special damages to replace lost incense and expenses would still require negotiation between parties to resolve. Many who have read the proposals commend the MPS, stating that they are heading in the right direction to lower the costs of making such hospital negligence claims in Ireland.

Judge Denies Lump Sum Payment Request

A judge has requested a mother’s request for a lump sum payment for her son’s birth injuries, claiming that it would be a disaster if the money were to one day run out.

In February 1995, Connor Corroon (19) was born in the Cork City General Hospital. Due to a mismanagement of his birth, he had been starved of oxygen in the womb. As a result, he now suffers from cerebral palsy, and is permanently disabled. He is entirely wheelchair dependant, and does not have the ability to speak.

On behalf of her son, Judith Corroon made a claim for birth injuries compensation against the hospital. In 2010, Connor became the first plaintiff to be awarded an interim settlement of compensation for catastrophic injuries pending the introduction of structured payment legislation.

Last year, Connor received his second interim settlement of his birth injuries claim. Seeing as legislation for structured payments has yet to be introduced, he was due to receive his third payment later this year. However, his mother requested that it be a full, final lump sum. Her son must endure a series of assessments every time he has to appear in court to receive his payments, and she claims receiving a lump sum would save him this distress.

She explained her case at the High Court, stating that she desired her son to be able to live a normal life. With the interim payments, it was constantly being interrupted by assessments by different experts. She described her son’s existence as being in a “fishbowl”, and said that in spite of his disability, she hoped that Connor would one day be able to attend university.

Despite her plea, Judge Barton denied her request, stating that if the money from a lump sum payment were to one day run out, it would disastrous for Connor. He approved another interim payment of €1.45 million. To this date, the total paid to Connor for his injuries is €3.25 million.

Justifying his decision, Judge Barton said that he had recently received a consultation paper relating to the proposed Civil Liability (Amendment) Bill. The Bill aims to introduce a system of regular payments next year to better serve plaintiffs with catastrophic injuries. The judge said that a periodic payment system would be in Connor´s best interests, and he adjourned the hearing for a further five years.

Widower Compensated for Delayed Operation on Spouse

The compensation claim made by a widower after a delay in operating lead to the death of his wife has been resolved by the High Court.

The claim was made by Patrick Malone, from County Carlow, after his wife Helen (aged sixty) died at St. Luke’s General Hospital on the 12th January 2006.

Helen had a bowel condition, and as such was sent to the hospital for treatment of the condition. However, the procedure was postponed several times, meaning Helen “languished in pain”. When the surgery eventually was performed, Helen tragically died just four days later.

An inquest into the circumstances of Helen’s death followed, and it determined that she died because of systemic sepsis and multiple organ failure, caused in turn by a perforated bowel. The inquest revealed that, had the surgery been conducted sooner, Helen probably would have lived.

Patrick sought legal counsel and subsequently made a claim for compensation for his wife’s death against the Health Service Executives (HSE). However, though the George Nessim, Helen’s consultant, was determined to be guilty by the Irish Medical Council, the HSE did not accept liability for Helen’s death.

The case was then to be heard in court, but just before the first scheduled hearing, the HSE conceded liability for Helen’s death because of the delay in operating, and negotiations ensued between the parties. Patrick was offered a compensation settlement of €165,000 for the anguish he and his six children suffered because of Helen’s death.

However, the settlement still needed to be approved by a judge, and after five postponements in the date of the hearing, the case was heard by Mr Justice Ryan. An apology was read to Helen’s family by a representative of St Luke’s Hospital, and the hospital acknowledges that Helen had received a substandard level of care, leading to her untimely death.

Judge Ryan approved the compensation settlement before commending the parties for settling “a difficult, painful and tragic case”.

Case of Hospital Negligence Settled in Court

The case of a woman who died due to hospital negligence has been settled in court, with €165,000 being awarded to her family. 

In January 2006, Helen Malone died in St Luke’s General Hospital due to a delay in having an operation. Helen had been referred to the hospital due to a bowel condition that she suffered which required surgery, but the hospital staff delayed in giving her the vital treatment on several occasions. Helen died four days after the surgery was finally delivered.

An investigation was launched into her death, and it was revealed that she died as a result of systemic sepsis and multiple organ failure. The cause of these ailments was a perforated bowel, and the report stated that had Helen undergone surgery sooner, it was highly likely that she would have survived.

Patrick Malone-Helen’s widower-of Carlow City sought legal counsel and brought his compensation claim for a delayed operation to the HSE. The Irish Medical Council found that the consultant doctor in charge of his wife’s case-George Nessim-guilty on four charges of professional misconduct. Despite this evidence, the HSE refused to accept liability for Helen’s death.

The case was scheduled to be heard in court, but just prior to the hearing, the HSE admitted liability for Helen’s death due to a delayed operation. A settlement of €165,000 was negotiated between the parties for mental anguish suffered by Patrick and his six children as a result of Helen’s premature death.

The settlement needed to be approved by a judge in court before the case could be closed. The hearing was postponed five times before it was finally heard by Mr Justice Ryan. The details of the case were read to him-including how Helen “languished in pain” before the operation-and an apology was read to the family by a representative of St Luke’s Hospital. They acknowledged that the standard of care that Helen had received was sub-parr, and that they were responsible for the series of events which caused her death.

The judge approved the compensation settlement, noting that it did not include aggravated damages. He commented both parties for concluding a “difficult, painful and tragic case”.

Doctor Found Negligent in Undiagnosed Cancer Case

 

A judge has awarded compensation to the family of a woman who died after suffering from an undiagnosed tumour, with the doctor found at fault for negligence. 

In April 2009, Sharon McEneaney (31) of Carrickmacross, County Monaghan, died from a cancerous tumour that grew in her abdomen. She first sought medical attention for pain in the region in the emergency department of Our Lady of Lourdes Hospital in Drogheda eighteen months prior to her death, but the tumour was not recognised.

The cancer went undiagnosed for a further nine months, and was only identified when Sharon was given a biopsy in June 2008, due to the intervention for Dr Rory O’Hanlon, a former TD. By the time the cancer was recognised, the tumour had grown too large to be treated. Sharon died of the cancer the following year.

An investigation into Sharon’s death was launched by the Health Service Executive (HSE), and it complied a report of 38 recommendations to prevent future failures to diagnose cancer. In January 2012, Dr Etop Samson Akan was found guilty of a poor professional performance by the Medical Council of Ireland’s Fitness to Practise Committee for his treatment of Sharon.

Ms Justice Mary Irvine at the High Court in Dublin oversaw the case when it was brought to court. The court heard the General Manager of the Louth & Meath Hospital Group-Margaret Swords-read out an apology to Sharon’s family, admitting that the hospital had failed Sharon. The apology also stated that the hospital was making progress in making the changes required to prevent a similar incident from happening again. The court heard in the five years following Sharon’s death, the hospital had implemented six of the HSE’s recommendations.

Sharon’s family received compensation for the failure to diagnose cancer after negotiations between the two parties, valued at €62,500. Sharon’s funeral and other expenses related to her death have been covered by €10,000 settlement, and a further €27,100 in compensation has been awarded for the failure to diagnose the cancer to Sharon’s mother Jane. The remainder of the settlement is being shared between Sharon’s siblings.

Ms Justice Mary Irvine closed the hearing after commending Sharon´s family for their courage, and commented “You have shown marvellous fortitude in the face of such a loss”.

No Judgement Passed in HIV Mix-Up Case

A judge has reserved judgement in a case involving a young women incorrectly being told that she had been infected by HIV after test results had been mixed-up.

In August 2010, Michelle Kenny (35) of Crumlin, Dublin, just returned from a holiday in Majorca when she began to feel unwell. She attended St James Hospital in Dublin, and underwent an ECG and blood tests, and had an x-ray of her chest taken in an attempt to diagnose what was wrong with her.

Michelle remained in hospital for a week, as medical staff believed that she may have a blood clot on her lung. When she was discharged, she still had to wait for the result of a blood test for tuberculosis. Michelle also underwent a blood test for HIV when she returned to the Outpatients Clinic early the following month.

A week after this tests, Michelle received a phone call from her doctor stating that although she was clear for TB, the HIV test that was completed came back as positive. Three further tests were taken, all of which indicated that a mistake had been made with the initial test, and Michelle did not in fact have HIV.

An investigation was launched into the case, and it was revealed that the doctor at St James Hospital had given her the wrong person’s results. Michelle sought legal counsel, and made a claim for compensation for nervous shock against the hospital. She alleged that the news, albeit incorrect, had stopped her from socialising and caused a change in her lifestyle.

The defendants contested the claim, stating that Michelle had not suffered any loss or damages due to the mix-up. They argued that Michelle had quickly been informed of the mistake, and therefor was not entitled to any compensation for the mix-up. Michelle told the court, “I was devastated. I thought I was going to die, that I had no future.”

Ms Justice Bronagh O’Hanlon heard the case, and stated that she would reserve judgement on the claim for test result mix-up compensation for a later date.

Woman Receives Compensation for Post-Birth Trauma

A woman who received negligent care after giving birth by emergency C-section has been awarded compensation for her post-birth trauma. 

In January 2008, Honey Larkin of Letterkenny, County Donegal, brought a case against the Health Service Executive and her consultant gynaecologist Eddie Aboud for negligence surrounding the birth of her child. Honey gave birth by emergency Caesarian section at the Letterkenny General Hospital. Honey claims that after the operation was complete, she started to haemorrhage internally and that the medical staff overlooked these signs of post-surgical bleeding.

Honey lost more than half of her total volume of blood by the time she was returned to the operating theatre to attempt to stop the bleeding, which Honey describes as a “near-death” experience. Honey claims that she now suffers from Post Traumatic Stress Disorder as a result of the incident.

Honey further claims that neither her gynaecologist nor the other medical staff at the hospital checked on her, or recognised that she was bleeding after the initial surgery. When her distress was eventually responded to, there was a failure to attach due significance or act appropriately within a reasonable time.

Both of the defendants denied the claim, stating that Honey had been treated in an appropriate manner as soon as her post-surgical bleeding was recognised by medical staff. However, Honey continued with her claim for compensation, and the case was brought to the High Court before Mr Justice Kevin Cross.

The judge was told that no bleeding had been apparent when Mr Aboud had finished the Caesarean Section operation. Mr Aboud said that when he was called back to attend to Honey´s post-surgical bleeding, he performed the operation successfully to stop the haemorrhage. Judge Cross said that no blame could be attributed to Mr Aboud and that charges against the consultant gynaecologist were dropped.

The judge did stated that the length of time that it had taken for medical staff to identify the bleeding and respond to Honey’s distress was inadequate, and he awarded her €25,000 in compensation as a result of the hospital “needlessly” delaying Honey’s revision for surgery by more than an hour.

HSE Issues Apology for Negligence Resulting in Woman’s Death

At the High Court, the HSE has issued an apology for negligence at a hospital which resulted in a woman dying of dehydration.

In January 2010, Eileen Brady was referred to the Cavan General Hospital by her GP after she had been diagnosed with a poor fluid intake which was manifesting in mouth ulcers. Eileen was admitted to hospital, but died a day later. It was revealed that her death was due to dehydration, which caused many of her organs to fail.

An investigation was launched into Eileen’s death, and it was reported that the treatment that Eileen had received for her dehydrated stated was ineffective in helping her, as her veins had collapsed due to the chemotherapy treatment that she was undergoing in a Dublin hospital to treat her stomach cancer.

It was also revealed that the death was entirely preventable had Eileen’s medical charts been examined more closely. If senior, more experienced physicians had been consulted as Eileen’s condition deteriorated further and further, or if Cavan General Hospital had leased with the Dublin hospital that was treating Eileen for her cancer, the condition of her veins could have been revealed and her death could have been prevented.

Martin Brady of Crosskeys, County Cavan-Eileen’s son-sought legal counsel and sued the Cavan General Hospital and the Health Service Executive (HSE) on behalf of his entire family. He claimed that Eileen’s death had been avoidable if the above measures were taken, and that Eileen’s death had caused the family mental distress. The HSE admitted liability for Eileen’s death, and a compensation settlement was agreed out of court, subject to the family receiving a public apology.

Ms Justice Mary Irvine oversaw the hearing at the High Court. A representative of the HSE read out a statement in which the hospital and the HSE both apologised for the negligence care which resulted in Eileen’s death, and the subsequent grief and stress that had been suffered by her friends and family.

Responding on behalf of the family, Aidan Brady said he hoped that both Cavan General Hospital and the HSE had learned from “the grave mistakes” made in the care of his mother “and that no other family would have to go through the trauma and distress that we have suffered”.