Category Archives: Surgical Negligence Claims in Ireland

You may be eligible to make surgical negligence claims in Ireland if you have suffered a loss, an injury or the deterioration of an existing condition that “at the time and in the circumstances” could have been avoided with a higher standard of care. To find out more about the procedures that need to be followed to make surgical negligence claims in Ireland, discuss the circumstances of your injury with a medical negligence solicitor on our Freephone helpline.

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.”

Surgical Negligence Compensation of €10,000 made due to Patient of Mater Private Hospital

€10,000 against the Mater Private Hospital after a man ever had his operation as a critical piece of medical equipment went missing from the surgical team, despite having been placed under anaesthetic.

Judge John O’ Connor at the circuit court, was told how Peter Keegan (31) was due to have a surgical procedure on his right hip on 25 November 2016, in the Mater Private Hospital, Eccles St, Dublin 7. Keegan, with an address at Woodbine Park, Raheny, Dublin 5 was represented in court by Barrister Conor Kearney, appearing with Mark Tiernan, of Tiernan & Company solicitors. Kearney told Judge O’Connor that his client had been admitted to the hospital’s short stay procedure unit at 6.45am on the morning that the operation was due to take place.

He went on to say that his client had been given anaesthetic at 7.30am, before the procedure was due to place. It was during this, when the operation set of instruments had been initially opened, that is was discovered an irrigation extender was not with the rest of the instruments. it was claimed that the missing piece of equipment had been sent out to be fixed four weeks earlier. However, the missing piece had not been replaced and, when Mr Keegan came to from the anaesthetic at approximately 8.30am, he was advised that there had been a problem with his operation and it had not gone ahead.

he suffered some initial stress due to hearing this news and the team of nurses tending to him advised him of the mistake that had been made. Mr Keegan told the Court that he remained very drowsy when he had been sent home some time later and he had experienced stomach pain and nausea in the days after this.

The procedure was rescheduled for ten days later on 5 December. Mr Keegan told the court that he had been very concerned leading up to the new operation. He informed the judge that he had been quite  nervous about taking the anaesthetic again.

Judge O’Connor said that he believed there had been medical negligence on the side of the Mater Private Hospital in what he referred to as an ‘unfortunate incident’. He added that he felt Mr Keegan had been upset emotionally after the incident despite being fortunate that there had been no long-term consequences due to the mistake.

€10,000 Surgical negligence compensation damages against the Mater Private Hospital in relation to the case.

Vaginal Mesh Compensation Claims in UK and US

Vaginal mesh is currently not being used due to suspension in the United Kingdom while in the United States over 100,000 people have submitted compensation claims due to injuries and illnesses that the believe arose from the use of vaginal mesh.

The ban in the UK is in place until the outcomes of an independent safety review are fully considered, a study that began after thousands of women reported harrowing complications following the use of vaginal mesh to treat them. Typical pain sustained by those with complications include chronic pain, soreness while having sex, pain during daily working duties and difficulty while walking. Soreness and injuries such as these happen due to vaginal mesh slicing organs or impacting tissue and causing permanent nerve damage.

In the UK, expert chemist Dr Chris DeArmitt, has helped approximately 9,000 women to settle their vaginal mesh compensation claims settled. DeArmitt, a leading medical expert in the UK has been called upon during court action against producers of vaginal mesh and said, during an interview with Sky News, that the use of the material is unsafe.

He said: “There are two main reasons why any plastics material expert will tell you just obviously that this is a bad material and I have never heard anyone who disagrees with me. I see an absolute disregard for proper testing. Testing is way less than you would see on a vacuum cleaner or a washing machine. It’s shocking. I’ve never seen anything like it in my career.”

There have been a number of case in relation to use if vaginal mesh in Ireland during recent years. This was especially so in 2017. A number of women began legal actions in this year as they had seen news reports in the United Kingdom in relation to pain and suffering that the use of vaginal mesh can cause.

The US regulator, the Food and Drug Administration (FDA), made the sale of all mesh intended for the treatment of pelvic organ prolapse illegal as a result of the many safety issues witnessed among the general public.

The UK’s National Institute for Care and Excellence (NICE), however, has said that vaginal mesh will be a potential alternative form of treatment for women suffering from various injuries once the current ban is removed. A statement from NICE said “The benefits and risks of each type of treatment are laid out to ensure every woman is fully informed. Where the evidence is limited, this is also highlighted. There are a number of procedures recommended by NICE, including mesh procedures.”

 

 

 

 

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.

Family of Woman Who Died in Childbirth Awarded €650,000 Birth Negligence Compensation

A High Court birth negligence compensation action in relation to nervous shock due to death in childbirth has been settled for €650,000 in favour of the husband and son of a woman who died shortly after having an emergency caesarean section at the National Maternity Hospital (NMH).

Sasha Louise Gayer, legal representative for the Hylands, informed the High Court that the family were content with the settlement but were too sad to be present in court for the compensation approval hearing.

The official inquest into Ms Hyland’s death gave a verdict of death due to medical misadventure. Ms Hyland was left waiting almost 40 minutes for a blood transfusion after she began bleeding  heavily during the emergency birth.

Dublin coroner Dr Brian Farrell said in his ruling that the cause of death was cardiac arrest due to severe post-partum haemorrhage. However, Dr Farrell could not confirm that the delay in Mrs Hyland receiving blood was a “definite” factor in her death.

In addition to this, the inquest was also told that a labelling mistake in the laboratory led to a 37-minute delay in Mrs Hyland being administered the blood transfusion. Another was that no emergency supply units of O-negative, the universal blood type, were available in operating theatres at the hospital when the incident occurred. Measures were quickly put in place to address this and a request for blood was submitted just after midnight with the blood transfusion being carried out 40 minutes later.

Nora Hyland was 31 at the time of her death. Originally from Malaysia, she died on the operating table at the National Maternity Hospital, Holles Street, Dublin, on February 13, 2012, just three hours after having an emergency caesarean section during the delivery of her son Frederick. The hospital did not admit liability as part of the compensation settlement and refutes the claims that were made during the hearing.

Nora’s husband, had taken the legal action against the National Maternity Hospital for nervous shock in relation to the traumatic circumstances of his wife’s passing.

Woman ‘afraid to smile after dental treatment’ settles €60k claim for Undisclosed Amount

A Co Dublin housewife who has settled a €60,000 Dental Negligence Compensation Action, says she was afraid to smile following a treatment to one of her teeth.

Fifty-year-old Roisin Mimnagh, of Marina Village, Malahide, has claimed in the Circuit Civil Court that she was distraught to find an incisor had been filed away without her authorization and replaced with an amalgam or composite.

Counsel for Mrs Mimnagh, David McParland, told Judge Jacqueline Linnane that his client was happy with her appearance and had gone to Dr Anna O’Donovan, Griffith Avenue, Dublin, to have an incisor realigned.

McParland told the court: “To her horror she afterwards found that her tooth had been filed away and replaced with an amalgam or composite that was smaller and shorter and different from her original tooth”.

Legal representatives for Dr O’Donovan claimed she had entered a full defence to Ms Mimnagh’s claim but had conceded that written authorization for the specific remedy for her tooth had not been received prior to the dental treatment.

Judge Linnane said she had reviewed the pleadings and had found that the latest expert report was over three years old. There had been some remedial work completed in 2013 shortly after the initial treatment.

Mr McParland said Ms Mimnagh was still wearing an appliance on her tooth and one of the specialists who had reviewed her felt that she would need additional realignment work.

He said she had thought at first she was going to have some white filling applied to her tooth to make it look straighter. When she later discovered it had been filed away and an amalgam or composite put on it, she said that she was afraid to smile.

Ms Mimnagh, the Court was advised, had personally sourced an orthodontist who had given her an estimate for more than €5,000 to realign her tooth. The specialist agreed with Ms Corcoran that this estimate had applied to the provision of treatment to all of her teeth including an appointment with a dental hygienist.

When talks about possibly settling the dental negligence case was suggested by Judge Linnane, the court was advised  by Ms Corcoran that Dr O’Donovan had always had “a significant willingness” to tackle with the case. Shortly after this  Mr McParland told the judge that the case had been settled and could be struck out with an order for Ms Mimnagh’s legal expenses to be taxed in default of agreement. The amount of the settlement was not made public.

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

High Court Awards Compensation for Failure to Diagnose Organ Failure

A man, who has been in a coma since 2011, has been awarded an interim settlement of compensation by the High Court of Dublin for failure by medical staff to diagnose his organ failure.

In 2011, an operation was carried out on Robert Bolton’s oesophagus. The procedure was initially determined a success, but the next day the seventy-one year-old had a heart attack because of respiratory failure.

Despite being transferred to intensive care, Robert’s condition continued to deteriorate. Because of his sepsis, Robert suffered from a hypoxic ischaemic brain injury, leaving him in a coma. Since 2011, Robert has only had a few occasions of minimal consciousness.

Robert’s wife, Angela, sought legal counsel concerning the care her husband received during and after his operation, as well as during his stay in the intensive care unit at the hospital. She proceeded to make a claim against the hospital for their failure to diagnose her husband’s organ failure, claiming that they did not adequately diagnose Robert’s sepsis or adhere to the criteria of systemic inflammatory response.

The compensation claim was disputed by the hospital, despite an admittance for partial liability regarding the substandard level of care Robert received at the facility.

Negotiations ensued between the parties, which lead to the determination of an interim settlement of compensation amounting to €550,000. This figure would pay for two years’ worth of the specialist care Robert now requires.

However, as the claim was being made on behalf of someone unable to represent themselves in court, the settlement had to be approved by the High Court. Mr Justice Kevin Cross oversaw proceedings, hearing of how the hospital’s alleged failings lead to the deterioration of Robert’s condition and how it has impacted his family.

Though Angela assured Judge Cross that no amount of money would compensate for what happened to her husband, she added the it would act as a reassurance that he was getting adequate care. The judge approved the settlement before commenting that it was the result of hard bargaining. He finished by wishing Angela and her family the best for the future.

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.

Group of Patients Initiate Claim for Negligent Hysterectomies

Seven women have made claims for compensation against a gynaecologist who was recently determined negligent in his actions by the Irish Medical Council.

The patients were all treated by Dr Peter van Greene, who used to work at the Aut Even Hospital a private facility in Kilkenny, between 2009 and 2011. Dr van Greene was recently before the Medical Council’s Fitness to Practise Committee, which found that he was guilty of two counts of poor professional performance. However, the claims made by the women – each for negligent hysterectomies – were made before this hearing.

Helen Cruise and three other anonymous women were amongst those who made claims against the doctor. When Helen’s hysterectomy was carried out, it was done without her informed consent. Since the operation, Helen has been suffering from bouts of depression.

Speaking at the Medical Council’s Fitness to Practise Committee, Helen alleged that the procedure – including the long-term effects and any risks – were only detailed after she had been administered with a spinal anaesthetic. Six units of blood needed to Helen after the procedure, as she was bleeding excessively.

Evidence was also given at the hearing of how Dr van Greene had applied for bankruptcy in the United Kingdom, as he is currently unemployed. His most recent place of employment was the Whitfield Clinic in Waterford, where he worked as investigations into his conduct was being carried out.

However, despite his declaration of bankruptcy, the women making claims against him should still be able to claim for compensation. Any settlements that will be awarded will be paid for by Dr van Greene’s medical indemnity insurance company.

Family Seek Compensation for Wrongful Death

The family of a mother who died because of organ failure following a routine operation have made a claim for bereavement compensation for death due to medical misadventure. 

Susan McGee, aged fifty-two from Rush in Co. Dublin – attended the Hermitage Medical Clinic on the 13th July 2013 for an operation to treat a hernia. The surgery, initially described as routine, was initially deemed successful and Susan was discharged a few days later. The mother-of-two went home to the care of her daughter. 

However, just a day after her discharge, Susan was experiencing pains in her abdomen and was feeling unwell. Her daughter brought her back to the Hermitage, and Susan was admitted for observation. A CAT scan conducted on the 22nd July revealed that Susan had a small mass in her bowel. 

An emergency surgery was carried out to remove the mass, but Susan’s condition continued to deteriorate. The next day, she was transferred to an intensive care unit in Beaumont Hospital, but died a day later from multiple organ failure and sepsis. The sepsis was a result of a Clostridium difficile infection. 

In June 2015, an inquest was carried out into Susan’s death. The Dublin City Coroner’s Court heard evidence of many errors made in Susan’s treatment and care, including a failure by medical staff to act on brown faecal fluid that was emerging from Susan’s nasogastric tube. Susan’s vital signs were also not recorded between 8:00 am and 6:00 pm just three days before she died. 

Additional evidence as given that, on the 20th and 21st July, there was only one resident medical officer on duty. The medical officer, Dr Lachman Pahwani, testified that he had tried to devote as much time as possible to Susan, as he knew of her weak condition, but that he had eighty-one patients under his care at the time. 

Susan’s family have since sought legal counsel, and are making a claim for her wrongful death due to medical misadventure, as this was the verdict delivered by the inquest. 

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.

New Scheme Launched for Symphysiotomy Claims

A new government-run scheme to help women claim symphysiotomy compensation for operations performed on them without adequate consent between 1940 and 1980 has been launched.

The scheme follows after the government changed its mind on extending the Statute of Limitations such that women who had unknowingly undergone the procedure during labour could claim compensation. There are an estimated three hundred and fifty women alive today who survived the procedure.

The symphysiotomy compensation scheme works on a three-tier basis, based upon how badly injured the victims were. Those who did not sustain any long-term damage are entitled to claim €50,000. Women who sustained a recorded disability because of the procedure can claim €100,000 while those who had previously had a Caesarean Section, and then had a symphysiotomy performed upon them can receive €150,000.

A former judge in the High Court, Maureen Harding-Clark, has been appointed by the government to oversee each claim, which must be submitted by the 5th December of this year. However, this deadline can be extended by a further twenty days should Judge Harding-Clark deem the case exceptional.

Once the claim has been processed and a compensation value determined, the claimants have up to twenty days to accept the offer. However, to do this, any action against the state must first be withdrawn by the claimant.

There are presently over one-hundred-and-fifty High Court actions for symphysiotomy claims on progress, and dates for two of the hearings have been confirmed. Marie O’Connor, head of Survivors of Symphysiotomy, has expressed her dissatisfaction with the new scheme as the time limit makes it “impossible for women to seek independent advice and to make a considered decision”.

The Director of the Irish Council for Civil Liberties, Mark Kelly, has also expressed his disapproval of the scheme, claiming that it contradicts the state’s obligations to human rights by not addressing compensation needs for each individual. Additionally, the compensation is being paid out without any admission by the state of their liability.

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”.

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.