Clinical Malpractice in Hospital Archives - Medical Negligence Claims

If you have suffered a loss, an injury or the deterioration of an existing condition due to clinical malpractice in hospital, you could be entitled to compensation. A compensation claim for clinical malpractice in hospital has to show that you sustained an avoidable injury which “at the time and in the circumstances” was attributable to the poor professional performance of a medical practitioner who owed you a duty of care. However, unlike most other types of personal injury claim, a compensation claim for clinical malpractice cannot be processed by the Injuries Board Ireland and you will need the services of an experienced hospital negligence solicitor to negotiate for a settlement of hospital clinical malpractice compensation with the negligent medical practitioner´s insurers or to represent you in court when necessary.

Aug 07 2020

Death at Birth Compensation Award of €35,000 Against Coombe Maternity Hospital

Birth Injury in Hospital, Clinical Malpractice in Hospital

The Coombe Maternity Hospital has been ordered to pay a death at birth compensation payment of €35,000 by the High Action to the parents of an Rory Jason Sweeney Butler, who passed away hours after he his gave birth to him.

Appearing in Court on behalf of infant’s family, Richard Kean SC made the judge aware that this case was caused by the untimely and “very tragic” death of baby Rory. Rory passed away on November 19 2015 at the Coombe Maternity Hospital. His parent, Assumpta Sweeney and Jason Butler, alleged that this unfortunate course of events too place due to medical negligence compensation and submitted a death at birth compensation action against the Coombe Women and Infants University Hospital. The claim stated that the hospital had been negligent during the birth and that they suffered from nervous shock for many months due in the aftermath of their son’s wrongful death in the hospital’s neonatal intensive care unit.

Liability in the case was accepted by the Coombe maternity hospital.

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

Along with 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 death.

The Coombe Hospital has a sad history in relation to birth negligence comments, on earlier occasions the hospital has been ordered to pay compensations in relation to issues that were experienced during the delivery of their child. In 2013 the maternity hospital was found to be at fault 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 complete acute hypoxic ischaemia. An official investigation into the incident the claim revealed that dyskinetic cerebral palsy was caused by medical negligence.

Dara Brennan, who suffered a facial injury during his birthday 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 were awarded €15m in relation to the injuries he sustained his birth when he was not supplied with enough oxygen during his birth.

Apr 12 2020

Delayed Diagnosis Leads to €12m Hospital Negligence Compensation Settlement for Girl at High Court

Clinical Malpractice in Hospital, Delayed Treatment due to Hospital Negligence

Approval has been given for a a €12 delayed diagnosis compensation settlement at the High Court in relation to a legal action initiated by a 9-year-old girl.

The settlement was made in favour of the girl, Robyn Kilgallon, in relation to her contracting bacterial meningitis after she was not admitted to Sligo General Hospital. She took the medical negligence action due to the care she received she was taken to Sligo General Hospital A&E Department for treatment on 1 February 2011, when she was aged just 10 months.

Even though she presented, following a GP referral, to the hospital in an extremely poorly condition on February 1, Robyn’s parents were advised to bring her home. This was despite her symptoms including a high temperature, vomiting, her body had gone floppy and her eyes rolling in the back of her head As her condition failed to improve over the next 24 hours they returned to the hospital again.

At this point in time she very ill, unresponsive and had already suffered a seizure. The decision was taken to admit her to an ICU unit. Soon afterwards she was transferred for specialist treatment to the Royal Victoria Hospital in Belfast as there were no beds available in Crumlin or Temple Street in Dublin.

In Belfast Robyn was diagnosed as having contracted Meningococcal Meningitis a form of bacteria that affects the thin lining that surrounds the brain and spinal cord and spent a number of days in an isolation unit. Sadly, despite the treatment she got in Belfast, Robyn had already suffered significant brain injuries.

Robyn took the hospital negligence action through her mother, Cabrini Fallon of Caltragh Road, Sligo. She claimed the HSE had been negligent on grounds including that there was a failure to admit and treat her for suspected bacterial infection. It was alleged that the failure to admit Robyn when she first presented allowed the condition to progress unchecked resulting in her suffering brain damage.

Liability in the action was admitted and Robyn’s counsel Alistair Rutherdale Bl, instructed by solicitor Donnacha Anhold told Mr Justice Kevin Cross that the matter had been resolved following a mediation between the parties.

Robyn, who is now ten years old, has complex medical and physical needs, suffers from significant development delay and has difficulty communicating with others and moving. She will require assistance for the rest of her life.

Counsel said that there is a good chance that if Robyn been admitted and had antibiotics administered when she first presented at the hospital she would not have suffered the catastrophic injuries that have changed her life forever.

Presiding judge Kevin Cross said that he was happy to approve the compensation settlement figure, and praised Robyn’s parents for the great work they have been doing in raising their daughter.

Dec 05 2019

Death Caused by Ruling Returned After Cancer Patient Discharged Herself from Hospital

Clinical Malpractice in Hospital, Hospital Medical Malpractice, Hospital Medical Negligence

A 67-year-old cancer patient passed away four days after she was allowed to discharge herself from the Mater Hospital due to overcrowding, the Coroner’s Court was informed in Dublin today.

Elizabeth Leavy from Montpellier Road, Dublin 7 discharged herself from the Mater Hospital after she found herself waiting on a trolley for six hours. Family members remained alongside her all evening but they were not aware her condition was so serious.

The official inquest was told that Mrs Leavy’s death occurred due to cardio-respiratory arrest due to multi-drug toxicity. The woman displayed toxic levels of the opiate based pain medications Tramadol and Oramorph in her system, which had built up over time. A post-mortem report showed that her woman’s cancer was not active but she had chronic inflammation of the liver due to the accumulation of medications.

Coroner Dr Myra Cullinane said during the inquest: “These medications act centrally in the respiratory centre and it impedes your breathing. Your breathing stops and your heart stops and I think that is what happened that morning. The build-up of the medications in her system caused her death.”

Consultant in Emergency Medicine at the Mater Hospital Dr Tomas Breslin, describing the overcrowding at the hospital when Mrs Leavy was admitted, said: “Overcrowded conditions bring a higher risk of dying. Every nurse and doctor knows this is a massive problem for patients, it affects their care and their outcomes. I reviewed [Mrs Leavy’s] notes in detail. There were questions we didn’t know the answer to and that would have been the reason for keeping her in the department. That being said, you can understand why, when there is no clear issue, a person would decide to leave”.

A verdict of misadventure was returned by the coroner who said: “She’d gone through a lot of treatment and seemed to be doing well. It’s very tragic, she obviously had a loving and attentive family”.

Speaking following the inquest, Mrs Leavy’s daughter Joy said: “She was left in the hallway beside the bins. She was afraid, in pain, uncomfortable and she was hallucinating. She couldn’t stick it. We waited all night with her for test results and they told us she was okay. If we had of known they wanted to do more research we would’ve made her stay. She was left on a trolley in a hallway for six hours, a cancer patient, she’d had enough.

Her late Mother played the pivotal role and position in their family. Joy added: “She was bubbly, fun, she saw the good in everyone and everything.”

Mrs Leavy, a mother-of-eight, who was first diagnosed with oral and bowel cancer in 2017. She died, four days after she discharged herself from the hospital, on the morning of January 22 2018.

Jul 27 2019

Woman who suffered Stroke due to Hospital Prescription Negligence Paid €710000 HSE Settlement

Clinical Malpractice in Hospital, Hospital Medical Malpractice, Hospital Medical Negligence

A €710,000 hospital prescription negligence compensation settlement between the Health Service Executive (HSE) and a 69-year-old woman, who suffered a major stroke after she was discharged from a hospital without her blood thinning medication, has been approved at the High Court.

In addition to the €710,000 payment, annual care for the rest of her life in the region of €250,000 a year is also being provided and an apology from the HSE was read out in the High Court.

Mary Moss was allowed to leave hospital without her prescribed anticoagulants. She remained “unknowingly” without these for another six weeks. As a result of this lack of medication she suffered a major stroke and is now disabled.

The HSE apologised to Ms Moss and her family, through a court statement, and her family for any “shortcomings” the occurred during the treatment she was given at Sligo University Hospital. They said they regretted the huge upheaval that this has caused to the life of Ms Moss and her family.

Des O’Neill SC, acting for Ms Moss, told informed the Judge that she had suffered a stroke in 2010 and recovered well. However, in February 2018 she had experienced another ‘episode’ and her anti-thinning medication was amended in hospital. However, her medication was not included in her prescription given to her upon her discharge. Unfortunately, this mistake went unrecognised she suffered a stroke six weeks later.

Mr O’Neill said Ms Moss is, at present, in the National Rehabilitation Hospital, having made a good recovery. Her family plan are formulating plans to taking her back home to Ballymote, Co Sligo, as soon as they can. Her daughter Leanne Moss, speaking outside court, that she was happy to know that her mother’s care will be paid for annually and that this would help her family hugely. She said her mother is confined to a wheelchair s she suffers from left side paralysis following the stroke.

The family’s solicitor, Roger Murray, commented: “Thanks to a successful mediation, the family can now concentrate on getting the best possible care for their mother, and moving her home to the west where she is happiest.”

Dec 01 2018

€300k Medical Negligence for Family of Woman who died aged 52

Clinical Malpractice in Hospital, Doctor Malpractice in Hospital

€300,000 medical negligence compensation has been awarded to the family of the woman who died due to sepsis after contracting a rare infection in the aftermath of a hernia operation. The High Court approved the award which came in tandem with an apology for the failures in the care for a 52-year old mother.

Ms Susan McGee, a mother of two children, passed away at the Hermitage Clinic in Dublin on July 24, 2013 just over ten days after undergoing a hernia operation. Following the operation Ms McGee contracted a rare Clostridium Difficile infection in her bowel. A verdict of medical misadventure was the conclusion delivered at the inquest into Susan’s untimely death.

Melissa Barry, daughter of the deceased, told the High Court saying that her mother’s death resulted in a lot of trauma for her family. She stated: “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.”

Melissa Barry of Grange Rise, Stamullen, Co Meath and her brother John McGee , Bretton Woods, Skerries Road, Rush , Co Dublin submitted the medical negligence compensation action against the Hermitage and consultant surgeons Arnold Hill and Colm Power in relation to the manner of the treatment provided to their mother in 2013.

The defendants admitted liability, the High Court was informed. Ms McGee suffered complications following hernia surgery in July 2013. Her usual surgeon was not in the clinic due to annual leave when she (Ms McGee) went back to the clinic after becoming ill. The High Court was told that a different doctor was not available to treat her as he was not on site at the time. Following, and despite, the best efforts of the surgeons that were present Ms McGee passed away on 22 July 2013.

As he approved the hospital negligence compensation settlement, Justice Mr Justice Robert Eagar, expressed his condolences to the woman’s family.

Jun 07 2018

€850k Wrongful Death Compensation for Man Who Lost Wife

Clinical Malpractice in Hospital, Delayed Treatment due to Hospital Negligence, Hospital Medical Malpractice, Wrongful Death due to Hospital Negligence

Donal O’Sullivan, a widower who took a wrongful death compensation legal case against a doctor and the Health Service Executive (HSE) after his wife passed away just a day after a blood test indicated that she had low levels of potassium, has settled his High Court compensation action for €850,000.

The court was advised that mother-of-four Maureen O’Sullivan, who was in her 50s, should have been immediately taken to hospital after a test indicated she had dangerously low levels of potassium. As a result of this Mr O’Sullivan, from Crookstown Co Cork, sued Dr Therese Crotty of Main Street, Ballincollig, Co Cork, and the HSE in relation to the wrongful death of his wife on November 8, 2011.

It was claimed that on November 4, Ms O’Sullivan had attended Dr Crotty as she was experiencing palpitations. A blood test was completed and taken for analysis at Cork University Hospital. On November 7 the result showing severe hypokalaemia, a low level of potassium, was sent to the Doctor’s clinic in Ballincollig.

Dr Crotty, it is claimed, did not plan to admit Ms O’Sullivan to hospital immediately upon learning she suffered severe hypokalaemia. Neither did she advise the patient that this is what she was suffering from.

Additionally, it was claimed that the HSE did not properly indicate the importance of the abnormal blood test results to the doctor and that there was an absence of efficient systems of communication. Along with this, it was stated by Mr O’Sullivan’s legal representatives that the HSE had depended on a clerical officer to send the test results that they required urgent clinical attention.

In a letter that was read aloud to the court, Dr Crotty and the HSE apologised for their part in the events that led to Ms O’Sullivan’s passing. It referred to the O’Sullivan family on behalf of Dr Crotty remarking: “I deeply regret the tragic circumstances that led to the death of your wife, mother and sister Ms Maureen O’Sullivan. I apologise unreservedly for the part I played in the events leading up to her death. I am acutely conscious of the pain and suffering which this has caused to you all.”

Mar 14 2018

€40,000 Hospital Negligence Award Following Death of Girl Due to a Hole in her Heart

Clinical Malpractice in Hospital, Delayed Treatment due to Hospital Negligence, Doctor Malpractice in Hospital, Hospital Medical Malpractice, Wrongful Death due to Hospital Negligence

The Health Service Executive (HSE) has issued an apology unreservedly to the family of a little girl who died due to a hole in her heart being not being diagnosed. The HSE will also be required to pay over €40,000 hospital misdiagnosis compensation to her parents.

Aimee Keogh was two-years-old when she died in an ambulance as she was due to be transferred from Limerick Hospital to Our Lady’s Hospital for Children, Crumlin for a cardiac procedure on July 10, 2014.

Aimee had first been taken to hospital in March 2014 for febrile convulsions caused by tonsillitis. Consultant radiologist Padraig O’Brien said that after reviewing her X-ray, he was suspicious of a septal defect – a hole between the chambers of the heart.

Despite this, Aimee was not taken to a paediatric cardiologist and further negligence was experienced when a paediatric neurologist and a treating paediatrician did not review or recognise irregularities in the X-ray, the Keogh family alleged.

Four months later, Aimee’s major congenital heart defect went undiagnosed until her condition worsened in the days leading up to her death.

Aimee had experienced 17 seizures before being taken to hospital on July 9 and was being made ready for transfer to Dublin for a paediatric cardio echo procedure that can be carried out only by a paediatric cardio consultant based at Crumlin Hospital in Dublin.

An inquest into the little girl’s passing was told her case was never examined by a paediatric cardiologist, but paediatric consultant Anne Marie Murphy, who was responsible for Aimee’s case, said she discovered the X-ray to be normal and a multi-disciplinary team who looked over the same X-ray over three weeks later also found it to be regular.

When this happened there were no paediatric cardiologists located outside Crumlin and children could have to wait up to two years for an appointment.

Judge Eugene O’Kelly directed the Health Service Executive to pay misdiagnosis compensation of €40,000 to the Keogh family.

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.

Oct 12 2017

1,000 Irish Deaths Due to Medical Negligence Every Year

Clinical Malpractice in Hospital, Delayed Treatment due to Hospital Negligence, Hospital Medical Malpractice, Hospital Medical Negligence, Wrongful Death due to Hospital Negligence

Roger Murray, Head of the Medical Negligence Department at a leading law firm, told a recent Pathways to Progress conference on medical negligence that around 1,000 unnecessary deaths are happening annually in Ireland due to medical mistakes.

Mr Murray, joint Managing partner at Callan Tansey solicitors, went on to say that up to 160,000 people attending hospital for treatments suffer injuries due to human error. Mr Tansey, speaking during September at the gathering of solicitors, medical professionals and patients, insisted that there is “no compo culture” present when it comes to medical negligence compensation action in Ireland. He saidthat what we are currently seeing in the legal system in Ireland is just “the top of a very murky iceberg”.

Mr Tansey who has represented clients in a number of high-profile medical negligence compensation legal actions said that he feels that not all people injured in medical incidents make it known it while the HSE is alerted of 34,170 “clinical incidents” every year. Just 575 of these incidents lead to compensation claims against the HSE, a rate of less than 1.7 per cent.

The most commonly experienced cases, according to Mr Murray, relate to surgery (36 per cent) medicine (24 per cent), maternity (23 per cent) and gynaecology (7.5 per cent).

He emphasised that while injured patients and families do have pity for medical professionals after they make mistakes what “they cannot abide is systemic and repeated errors”.

He called for inn depth reviews to be completed when mistakes do occur. Mr Murray said he had seen many inquests where families learned that reviews had been completed following a death and, despite this, and the results were not disseminated to appropriate staff who could have learned from them.

Jul 28 2016

Interim Settlement of Compensation Claim against the Portiuncula Hospital Approved

Clinical Malpractice in Hospital, Delayed Treatment due to Hospital Negligence, Hospital Medical Negligence

The interim settlement of a child´s compensation claim against the Portiuncula Hospital and HSE has been approved by Mr Justice Cross at the High Court.

On 3^rd August 2012, eleven-month old Eoghan Dunne from Tullamore in County Offaly was admitted to Portiuncula Hospital in Ballinasloe suffering from a high heart rate and severe respiratory distress. Due to the severity of his condition, Eoghan was transferred twelve hours later to the Temple Street Children´s Hospital in Dublin.

At the Temple Street Hospital, Eoghan suffered a cardiac arrest due to septic shock. He suffered brain damage due to a lack of oxygen, and now suffers from epilepsy, is visually impaired and cannot walk or talk. Eoghan spent six months in hospital being treated for his condition, but will need twenty-four hour care for the rest of his life.

A review of the treatment Eoghan received at the Portiuncula Hospital revealed a catalogue of inadequacies. Allegedly the hospital was ill-prepared for Eoghan´s admission, had failed to administer antibiotics in breach of the HSE´s guidelines for the treatment of sepsis, and had taken too long to arrange the transfer to Temple Street Hospital due to a lack of “competent staff”.

Eoghan´s parents – Ronan and Teresa – sought legal advice and made a compensation claim against the Portiuncula Hospital and HSE, alleging that their son would not have suffered such devastating injuries had it not been for a failure in the hospitals´ duty of care. The HSE denied liability for Eoghan´s injuries, and a court hearing was scheduled for earlier this week.

However, with a few days to go until the hearing was due to start, the HSE accepted that mistakes had been made in Eoghan´s care and an interim settlement of the compensation claim against the Portiuncula Hospital was agreed. As the claim had been made on behalf of a child, the proposed settlement had to be approved by a judge to ensure it was in Eoghan´s best interests.

At the approval hearing, Mr Justice Kevin Cross was told the circumstances of Eoghan´s admission into the Portiuncula Hospital and the subsequent events that had occurred. The judge commented that, if liability had been admitted at an earlier stage, Eoghan could have received therapy and treatment for his injuries at “a vital developmental stage” rather than much later.

The judge approved the interim €2.4 million settlement of the compensation claim against the Portiuncula Hospital, and adjourned the case for four years – by which time a review of Eoghan´s future needs will have been conducted. In 2020, the family will have the option of taking a lump sum compensation payment if a system of periodic payments has not been introduced.

Archive for Category: Clinical Malpractice in Hospital

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