Birth Injury in Hospital Archives - Page 2 of 5

If you or your child have sustained a birth injury in hospital, you should be entitled to receive compensation. Unlike most personal injuries, when you claim compensation for a birth injury in hospital, your claim is not dealt with by the Injuries Board Ireland and has to be resolved by negotiation between your solicitor and the negligent medical practitioner´s insurers or through the court system. Compensation settlements for a birth injury in hospital tend to be substantial and, to ensure you receive the maximum possible compensation for a birth injury in hospital, you are advised to speak with an experienced hospital negligence solicitor at the first possible opportunity.

Jan 18 2018

Medical Negligence Compensation Settlement Agreed in Relation to Ectopic Pregnancy Death

Birth Injury in Hospital, Clinical Malpractice in Hospital, Doctor Malpractice in Hospital, Hospital Medical Malpractice, Hospital Medical Negligence, Wrongful Death due to Hospital Negligence

Alan Thawley, whose wife Malak passed away during surgery for an ectopic pregnancy at the National Maternity Hospital (NMH) in 2016 has settled his High Court action for medical negligence compensation.

Mrs Thawley, aged 34 at the time of her death was expecting her first when she died at the Holles Street hospital on May 8, 2016.

In the initial hearing legal representatives for Mr Thawley advised the court last week that his wife’s death was a result of a “cascade of negligence”. Liam Reidy SC, representing Mr Thawley argued that the doctor who carried out the surgery on Malak, a teacher and a US citizen, was an inexperienced junior surgeon and was not adequately supervised.

He added that the ineptitude of the physicians could be highlighted particularly when a decision was taken to cool Mrs Thawley’s brain with ice. Upon discovery that there was no ice in the hospital two doctors were sent across the road to a pub to get ice as there was none in the hospital.

Mr Justice Anthony Barr was told, when the case came back before the court on Tuesday, that it was settled for compensatory damages only and aggravated or exemplary damages were not involved. No other specific details of the medical negligence settlement were provided to the court.

Commenting outside the court Alan Thawley said that he was happy to have come to a settlement after a long and harrowing process. He said: “There is no compensation that could replace the profound loss of my wife’s untimely and needless death”.

Mr Thawley went on to say: “The proceedings were brought forth to expose the cascade of negligence demonstrated by the hospital”.

He also committed to working with the Department of Health’s Ministerial Inquiry in a bid to prevent other people suffering, as he has, in the future.

Nov 26 2017

Coombe Hospital to Pay €15m in Birth Injury Compensation to Donegal Boy

Birth Injury in Hospital, Delayed Treatment due to Hospital Negligence, Injured in Accident in Hospital

A €15 million infant compensation settlement has been approved at the High Courtfor a boy, now four years old, who sustained injuries at the Coombe Hospital in Dublin during his birth.

The hospital issued an apology to Eoin McCallig, who lives at Dunkineely in Co Donegal, and his parents for his devasting injuries he sustain while being delivered.

Following the apology, Eoin McCallig’s father Anthony said the family could forgive a genuine mistake. However, he stated that they could not accept the way HSE treated their family and others in similar cases.

Mr McCallig stated that he believes there must be a “better way” of handling cases involving devastatingly injured children than through litigation lasting years to a “bitter end” and last-minute settlement approvals. He told High Court President Mr Justice Peter Kelly that the culture and procedures needed to change and take more consideration for those who have suffered.

He claimed that the Health Service Executive has spent approximately €800m in the the last ten years in battling these legal actions. Mr McCallig stated that these funds could be put to much better use.

He said the compensation settlement of €15m infant compensation would never change what happened to Eoin, but it would provide some relief as they knew that Eoin would now be cared if anything happened to them.

Staff at the Coombe Hospital stopped monitoring Eoin’s heart rate at 9.30am on the morning of his birth, the High Court was told.

Eoin’s parents claimed that if he had been monitored after this, hospital staff would have seen he was in distress before he was born at around 11.30am. The court heard he had been deprived of oxygen in the 20 minutes just before he was delivered.

It was claimed that if their son had been monitored and delivered earlier, he would not have suffered such devastating injuries. The High Court was told Eoin was a very intelligent boy, but he cannot walk or talk and can communicate with others only using his eyes and expressions.

In a statement made public through their solicitor, Michael Boylan, Eoin McCallig’s parents said the infant compensation 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”.

Mar 21 2017

Details of Claim against the HSE for a Brain Injury at Birth Heard in Court

Birth Injury in Hospital, Cerebral Palsy due to Hospital Negligence, Hospital Medical Negligence

Details of a claim against the HSE for a brain injury at birth have been heard in the High Court prior to the approval of a €15 million lump sum settlement.

The claim against the HSE for a brain injury at birth was made on behalf of a ten-year-old boy, whose birth on May 25th 2006 at Kerry general Hospital was avoidably delayed by more than two hours. Due to a series of systematic failings, the boy was starved of oxygen in the womb and diagnosed with mixed dyskinetic spastic cerebral palsy shortly after he was born.

Among the series of failings related to Mr Justice Peter Kelly at the High Court were the failure to act on a CTG trace indicating foetal distress, the failure to consider foetal hypoxia, and the inform the consultant obstetrician about a worrying pattern developing in the foetal heart rate. Now ten years of age, the boy cannot speak, is confined to a wheelchair and requires around the clock care.

The judge also heard that the HSE failed to admit liability for almost nine years despite a consultant admitting to the boy´s parents in 2006 that mistakes had been made. During this time, the boy´s parents had to care for him without the support usually provided for parents of children with cerebral palsy. This was not lost on Judge Kelly, who paid tribute to the boy´s parents for the care they had provided.

Eventually, the judge was told, the HSE only admitted liability after being threatened with aggravated damages. A €2.7 million interim settlement of the claim against the HSE for a brain injury at birth was approved in early 2015, and the lump sum payment he was being asked to approve was a final payment that would be held and managed by the courts.

Judge Kelly described the €15 million lump sum settlement as making “commercial, common and legal sense”. He approved the settlement of the claim against the HSE for a brain injury at birth, adding that while no amount of money could compensate the boy and his family for what they had experience, it was the only form of redress the law could provide. The judge closed the hearing by saying he hoped the settlement would give the family peace of mind for the future.

Jan 16 2017

Compensation for the Failure to Perform a Timely C-Section Approved in Court

Birth Injury in Hospital, Delayed Treatment due to Hospital Negligence, Hospital Medical Negligence

A €1.35 million interim settlement of compensation for the failure to perform a timely C-Section operation has been approved in the High Court.

The claim for the failure to perform a timely C-Section operation was made on behalf of a boy from Bantry in County Cork, who was born at the Cork University Maternity Hospital in March 2010 after an alleged failure to correctly interpret a CTG scan showing that the child was suffering foetal distress.

As a result of the alleged hospital negligence, there was a failure to perform a Caesarean Section operation in a timely manner, which ultimately led to the child suffering hypoxic ischaemic encephalopathy in the womb and being born with brain damage.

Now six years of age, the boy is blind cannot speak, suffers seizures every day and requires around-the-clock care. He is looked after at home by his parents and their extended families – and he also receives support from the Jack and Jill Foundation.

The boy´s mother claimed compensation for the failure to perform a timely C-Section from the Health Service Executive (HSE), who denied the claims, but who agreed to a €1.35 million interim settlement without an admission of liability while reports were being compiled into the boy´s future needs.

At the approval hearing at the High Court, Mr Justice Kevin Cross heard how it had been an ordeal for the family to get compensation for the failure to perform a timely C-Section and the family was relieved that the legal process was all over. The judge approved the interim settlement and adjourned the case for three years, wishing the family all the best for the future.

Jul 07 2016

Settlement Approved in Claim for Medical Negligence at the Midwestern Regional Maternity Hospital

Birth Injury in Hospital, Delayed Treatment due to Hospital Negligence, Hospital Medical Negligence

A €1.75 million interim settlement of a claim for medical negligence at the Midwestern Regional Maternity Hospital has been approved at the High Court.

The claim for medical negligence at the Midwestern Regional Maternity Hospital in Limerick was brought by two-year-old Charlie Enright, whose mother Catriona was admitted to the hospital on August 19^th 2013, thirty-seven weeks pregnant with her son.

After tests were conducted on Catriona, doctors made the decision to induce labour and administered Syntocinon. However, despite the well-chronicled side effects of Syntocinon, there was a failure to adequately monitor Catriona´s condition as Charlie suffered hyper-stimulation in the womb.

Due to the misinterpretation of a cardiotocography trace and the belated recognition of foetal distress, Charlie was born “flat” the following morning – unable to breathe by himself. The new-born child was transferred to Cork University Hospital, where he was diagnosed with an intra-cranial haemorrhage underwent therapeutic hypothermia treatment on his head.

Despite the rapid action to prevent brain damage after his birth, Charlie is permanently disabled due to the lack of care his mother received prior to his delivery. On her son´s behalf, Catriona made a claim for medical negligence at the Midwestern Regional Maternity Hospital against the Health Service Executive (HSE) – who, after an investigation into the claim, admitted liability for Charlie´s birth injuries.

Negotiations started to settle the claim for medical negligence at the Midwestern Regional Maternity Hospital; but, as Charlie´s future needs are not yet determined, a €1.75 million interim settlement of the claim was agreed to cover Charlie´s care and medical expenses for the next two years. To ensure that the interim settlement was appropriate, an approval hearing was scheduled for the High Court.

At the approval hearing, Mr Justice Anthony Barr said that the interim settlement was a very good one. He approved the interim settlement and adjourned the hearing for two years, by which time Charlie´s future needs should have been determined and his mother will have the option of accepting a lump sum or assuring Charlie´s future care through a system of periodic payments.

May 04 2016

Final Settlement of Cerebral Palsy Compensation Approved at Court

Birth Injury in Hospital, Cerebral Palsy due to Hospital Negligence, Delayed Treatment due to Hospital Negligence, Hospital Medical Negligence

A €5.56 million final settlement of cerebral palsy compensation has been approved in favour of a girl who suffered brain damage due to her delayed delivery.

On 11^th October 1999, Mary Malee was born at the Mayo General Hospital by emergency Caesarean section after becoming distressed in the womb. As there was no consultant being available to assist with the delivery, Mary´s birth was delayed by eighty minutes. Mary was deprived of oxygen during the avoidable delay and sustained brain damage – due to which she now suffers from cerebral palsy and is confined to a wheelchair.

On her daughter´s behalf, Maura Malee from Swinford, County Mayo claimed a settlement of cerebral palsy compensation from Mayo General Hospital. In her legal action, Maura alleged that there had been a failure by the hospital to ensure a consultant was available once a deceleration of the foetal heart rate had been identified. The hospital´s negligence – Maura alleged – had led to the failure to deliver Mary in a timely manner.

In early 2014, an interim settlement of cerebral palsy compensation amounting to €1.5 million was approved by Ms Justice Mary Irvine. Judge Irvine then adjourned the case for two years to allow time for a system of periodic payments to be introduced. As no such system has yet been introduced, Mary and her parents returned to the High Court last week to attend a hearing to approve a €5.56 final settlement of cerebral palsy compensation.

At the hearing before Mr Justice Peter Kelly, the court heard a statement read to Mary in which representatives of the Mayo General Hospital apologised for “the many challenges that you have faced as a result of the treatment provided to your mother Maura at the time of your birth”. The judge approved the final settlement of cerebral palsy compensation – describing Mary as “heroic” for the challenges she has overcome so far in her life.

After her final settlement of cerebral palsy compensation had been approved, Mary gave a statement to the press in which she said: “Cerebral palsy won’t kill me but I have to learn to live with it … it’s for life. This shouldn’t have happened to me and others like me. Justice has been done and I’m bringing closure to this, we can move on with our lives”.

Jan 28 2016

Judge Awards Compensation for a Swab Left Inside during Childbirth

Birth Injury in Hospital, Delayed Treatment due to Hospital Negligence, Hospital Medical Negligence

A judge at the High Court has awarded €117,000 compensation for a swab left inside during childbirth to a mother who subsequently developed an infection.

Sarah Daly from Rathfarnham in Dublin gave birth to a healthy child at the Mount Carmel Hospital on April 22^nd 2013. The event should have been a very happy experience for Sarah and her husband but, on April 25^th, Sarah returned to the hospital complaining of extreme pain in her lower abdomen.

Despite Sarah having recently given birth, medical professionals at the Mount Carmel Hospital failed to conduct an internal investigation until April 28^th. The investigation revealed the presence of a retained swab that had swollen to the “size of a plum”.

The swab left inside of Sarah was removed; but, due to a failure to prescribe her with antibiotics, Sarah developed an infection. After she recovered, Sarah sought legal advice and claimed compensation for a swab left inside during childbirth against her consultant doctor Valerie Donnelly and attending physician Charles Julian Dockeray.

The two defendants acknowledged liability for the Sarah´s injuries, but a settlement of compensation for a swab left inside during childbirth could not be agreed. Consequently, the case went to the High Court for the assessment of damages, where it was heard by Mr Justice Kevin Cross.

At the High Court, Judge Cross awarded Sarah €117,000 compensation for a swab left inside during childbirth. The judge commented he believed the award to be “fair and reasonable” because what ought to have been a very joyous occasion for Sarah had become something that will live with her for the rest of her life.

Jan 04 2016

HSE Open Disclosure Policy Not Being Applied Claims Examiner

Birth Injury in Hospital, Cerebral Palsy due to Hospital Negligence, Delayed Treatment due to Hospital Negligence, Hospital Medical Negligence

The Irish Examiner has published an Op-Ed in which it is claimed the HSE open disclosure policy has a long way to go before being put into practice.

The HSE open disclosure policy of communicating to patients and their families when “things go wrong” with the standard of healthcare delivered to them has been in force since November 2013. Yet, according to an editorial opinion published in the Irish Examiner, although the policy is good in theory, it is not being put into practise in Ireland´s hospitals.

The author of the Op-Ed, Catherine Shanahan, supports her claim that the HSE open disclosure policy is not being applied with details of seven high profile medical negligence claims from 2015. These cases demonstrate how the Health Service Executive is failing to own up to mistakes and forcing patients families to go to court to get the truth about the standard of care they received.

The case of Gill Russell is possibly the one most people will remember because of the subsequent actions of the State Claims Agency. Gill was born in 2006 suffering from cerebral palsy after a “prolonged and totally chaotic” delivery during which he was starved of oxygen in the womb. It was not until 2012 that the family received an apology from the HSE and an interim settlement of compensation was approved.

Due to the fact that no system of periodic payments has been introduced, Gill´s family returned to the High Court in December 2014 and were awarded a €13.5 million lump sum settlement – the largest ever award of compensation for cerebral palsy. The State Claims Agency appealed the value of the settlement and, in November 2014, the appeal was rejected. Yet the State Claims Agency plans to take the case to the Supreme Court – depriving Gill´s family of much needed funds to pay for his care.

Other cases used as examples that the HSE open disclosure policy is not being applied included the case of Skye Worthington, whose family waited almost four years before receiving an apology for their daughter´s mismanaged birth, and Katie Manton – another little girl who suffers from cerebral palsy due to a mismanaged birth. In Katie´s case, her parents waited four years for an admission of liability and seven years for an apology. The apology was described as “too little, too late” by Katie´s father.

Throughout the remaining examples in Ms Shanahan´s article, it becomes abundantly clear that the HSE open disclosure policy is not being applied and the volume of money devising the policy and distributing booklets to patients and medical professionals has just been another huge Health Service waste at the expense of the taxpayer.

Nov 07 2015

Award of High Court Compensation for Cerebral Palsy Upheld on Appeal

Birth Injury in Hospital, Cerebral Palsy due to Hospital Negligence, Hospital Medical Negligence

An award of High Court compensation for cerebral palsy has been upheld on appeal, but the case may still have to go before the Supreme Court to be resolved.

On 12^th July 2006, Gill Russell from Aghada in County Cork was born suffering from dyskinetic cerebral palsy following a “prolonged and totally chaotic” delivery at the Erinville Hospital. On her son´s behalf, Karen Russell made a medical negligence compensation claim against the Health Service Executive (HSE) and, after liability had been admitted, Gill was awarded an interim settlement of High Court compensation for cerebral palsy.

In December 2014, the medical negligence compensation claim against the HSE was resolved €13.5 million – the largest ever award of High Court compensation for cerebral palsy. The HSE appealed the settlement of the claim – arguing that Mr Justice Kevin Cross had used a lower rate of interest than was traditionally used in Irish courts to calculate the return to investment of the lump sum.

However, earlier this week at the Appeals Court, a three-judge panel upheld the settlement of High Court compensation for cerebral palsy. The judges said that using the higher rate of interest would result in a catastrophically injured person having to take “unjust and unacceptable” risks with the investment of the lump sum to ensure their financial security.

One of the three-judge panel – Ms Justice Mary Irvine – said it was not the courts´ function to decide how a claimant was likely to invest their award for the purposes of determining its value. She added that the Russell family and the HSE would not be in this position had the government not failed to introduce legislation that would permit structured periodic payments.

The decision of the Appeal Court judges is unlikely to resolve the medical negligence compensation claim against the HSE. Warning that the calculation of High Court compensation for cerebral palsy set a precedent that could cost the State Claims Agency and the insurance industry up to €10 billion over the next decade, the HSE has indicated that it will take the case to the Supreme Court.

Oct 08 2015

Organisation Calls for more Openness in Hospital Negligence Claims

Birth Injury in Hospital, Cerebral Palsy due to Hospital Negligence, Clinical Malpractice in Hospital, Hospital Medical Negligence, Wrongful Death due to Hospital Negligence

The Medical Injuries Alliance has repeated its call for “Duty of Candour” legislation so that there is more openness in hospital negligence claims.

The Medical Injuries Alliance is an organisation that works with patients injured by medical mistakes to get answers about how the injuries occurred. Among the organisation´s objectives is the promotion of studies that help to understand the why medical mistakes occur, so that safety improvements in Irish hospitals can be made.

In order to meet their objectives, the Alliance has repeatedly called for politicians to introduce “Duty of Candour” legislation – legislation that would promote openness in hospital negligence claims by forcing healthcare professionals and Irish hospitals to admit when medical mistakes have been made, to explain why they happened, and to issue an apology immediately.

The Alliance has already issued a statement on its website that “the duty of candour in hospitals and doctors should be placed on a statutory footing, entitling injured patients to an accurate account of how they came to suffer medical injury in Irish hospitals”, and, to repeat its call for more openness in hospital negligence claims, the message has now been taken to the press.

Last week an article appeared in the Irish Times commenting on a cerebral palsy claim that took nine years to resolve due to a lack of openness in hospital negligence claims and alleged “stonewalling” by the Health Service Executive (HSE). The article concluded by saying that duty of candour laws were introduced in the UK last year, and that similar legislation is clearly needed in Ireland.

In response to that article, a letter from the Secretary of the Medical Injuries Alliance – Joice McCarthy – was published. In the letter, Ms McCarthy agreed with the comments within the article and made her own observations that many victims of hospital negligence are forced to take legal action to get the answers to the questions that healthcare professionals and hospitals are unwilling to give.

Ms McCarthy commented that patients who have been through the legal process describe it as a stressful and protracted experience, and she alluded to the recent “shabby episode” in which there was a disagreement between the HSE and the State Claims Agency about who was responsible for delays in settling a six-year hospital negligence claim. Ms McCarthy concluded her letter:

“Instead of blaming any particular State organisation, or indeed having different State organisations blame one another for the current difficulties, it is high time politicians simply acted to introduce a legal duty of candour in order to fix what seems to be a glaringly obvious problem”.

Archive for Category: Birth Injury in Hospital

Freephone Advice Service