Delayed Treatment due to Hospital Negligence Archives

If you have suffered an injury or the avoidable deterioration of an existing condition due to a medical professional´s failure to act in a medical situation, you may be eligible to make compensation claims for delayed treatment due to hospital negligence.

In order for a claim for delayed treatment due to hospital negligence to be successful, it has to be demonstrated that the delay was avoidable “at the time and in the circumstances” and attributable to a poor professional performance below the accepted standard of care in the medical community.

It also has to be shown that your injury would not have occurred if medical treatment had been provided in a timely manner, or that the deterioration of an existing condition was sufficiently significant to warrant claiming compensation for delayed treatment due to hospital negligence.

To find out more about claiming compensation for delayed treatment due to hospital negligence, you are invited to call our Freephone Advice Line and discuss the circumstances of your delayed treatment with a medical negligence solicitor. The solicitor will make a preliminary assessment of your case and advise you whether you have an injury claim for delayed treatment due to hospital negligence which may be worth your while to pursue.

Jul 05 2021

Brian Tumour Delayed Diagnosis Results in €7.5m Compensation Settlement for 11-year-old Boy

Delayed Treatment due to Hospital Negligence, Hospital Medical Malpractice

An 11-year-old boy, who cannot be named, who brought a compensation action against the Children’s University Hospital Temple Street, Dublin due to an alleged delay in the diagnosis of and treatment of a brain tumour has settled his High Court action for €7.5m.

Representing the young boy and his family in court, John O’Mahony SC (appearing with Cian O’Mahony BL) informed the High Court that he and his clients were of the opinion that there had been “three missed opportunities’ ‘ to identify the brain tumour.

Mr O’Mahony informed the High Court that his client was initially taken to Temple Street hospital on July 31, 2012 – when he was just two years old – as he was suffering with some weakness in his left upper and lower limbs. He added that the parents made those tending to their son aware of the worries caused by the young child’s frequent falls. However, physicians sent them home and informed them that they would review his condition again a year later.

However, the boy’s parents grew concerned in relation to reduced movements on the child’s left side and he was again referred to the hospital in January 2013. At this point in time an MRI scan was arranged and was due to take place a number of months later.

His parents became extremely worried when he began drooling from his mouth and dragging his left foot and returned to the hospital on March 8, 2013. They were informed that an MRI scan was due to be completed later that year in May. They returned home. However, they contacted the hospital again a few days later and were asked to attend the hospital for an MRI scan on March 14. The results of this scan indicated that there was a brain tumour present. This results in the child having two surgical procedures and chemotherapy.

In the legal action that was taken it was alleged that the hospital failed to complete an adequate assessment of the boy’s condition when he was brought to the hospital initially on July 31, 2012 along with a failure to conduct a full neurological review. In addition to this it was alleged that the boy dragging his foot when he walked was attributed to leg length inequality. Finally it was alleged that there was a failure to arrange for an MRI scan in July 2012. This, it was claimed, cost the boy the chance to undergo surgery when the best possible outcome was possible.

Legal counsel for the hospital denied the claims and argued that, as it was a slow-growing tumour that the boy was suffering with, a delay should not have resulted in exacerbating his condition and would still have had to undergo a surgical procedure to remove it.

The settlement was made with no admission of liability.

The boy’s legal representative informed Judge Justice Kevin Cross that the child is extremely happy and is adored by his loving parents.

The judge, as he was giving his approval for the delayed diagnosis compensation settlement, expressed his opinion that it was a very good settlement and gave his best wishes to the boy and his family for the future.

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.

Mar 02 2020

BreastCheck Misdiagnosis Allegation as Woman (59) Sues HSE

Delayed Treatment due to Hospital Negligence

A breast cancer misdiagnosis case has been submitted against the Health Service Executive (HSE) by a 59-year-old mother of two who claims that the failure of the BreastCheck service to identify her cancer led to a delay in her treatment.

The woman in question, MS Siobhan Freeney, has informed the court that she is of the belief that the mammogram which was carried on her by the BreastCheck service in June 2015 did not produce the correct results. The service communicated the results of the test with in her in letter, shortly after the test was conducted, that informed her there was not cancer identified.

However, less that six months later Ms Freeney was diagnosed with cancer in her right breast after a subsequent test. Due to this Ms Freeney has submitted a legal action which alleges that first mammogram should have returned a diagnosis of cancer which would have led to more assessments being conducted.

Jeremy Maher SC, representing Ms Freeney in court, told the court that the BreastCheck service provided by the HSE caused a delay in treatment when they failed to diagnose Ms Freeney’s cancer in the initial test. He went on to say that the legal action was being submitted due to the delayed diagnosis. Ms Freeney’s breast cancer was not finally diagnosed until December 2015.

There were additional claims submitted say that Ms Freeney was not referred for additional assessment after the tests that were completed at the mobile clinic in Gorey. It was alleged that, if a correct result had been returned, a triple assessment including a clinical assessment mammogram and ultrasound would have been conducted and identified the cancer.

aLong with this was was claimed that:

There was a failure to failure to advise, treat and care for her in a proper skillful, diligent and careful fashion .
There was a failure to use reasonable care skill and judgment when examining her mammogram on June 17, 2015.
There was an a failure to recognise features in her mammogram of her right breast taken that June could have been cancer.

The HSE refuted all pf the claims and said, if it had of been identified in the initial mammogram, the cancer would have been smaller and she would not have required radiotherapy and chemotherapy.

Oct 12 2019

Delayed Treatment due to Negligence Compensation Award of €10,000 made due to Man (31)

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

Yesterday at the Circuit Civil Court, €10,000 negligence compensation was awarded against the Mater Private Hospital after a man (31) had his operation cancelled, due to a vital piece of medical equipment not being in the surgical pack, despite having been put under general anaesthetic.

Judge John O’ Connor was made aware how Peter Keegan was in the hospital for a surgical procedure on his right hip on 25 November 2016. 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. Judge O’Connor was informed that Mr Keegan had been admitted to the hospital’s short stay procedure unit at early that morning. His client had been administered the anaesthetic at 7.30am, before the procedure was due to begin. it was then noticed, when the operation set of instruments had been first opened, that an irrigation extender was not present as it should have been. The missing piece of equipment, the Judge was told, had been sent out to be fixed four weeks earlier. However, it had not been replaced and, when Mr Keegan awoke from the anaesthetic at around 8.30am, he was informed that his operation had not gone ahead. This caused him some worry and the team of nurses with him advised of the error that had been made. Mr Keegan told the Court that he was still extremely drowsy when he had been sent home some time later and he had suffered stomach discomfort and nausea in the days following this.

The procedure was arranged again for ten days later on December 5. Mr Keegan informed the Judge that he had been very concerned in the run up to the new operation. He told the judge that he had been nervous about taking the anaesthetic once more.

Judge O’Connor said that he thought there had been some level negligence on the side of the Mater Private Hospital in what he labelled to as an ‘unfortunate incident’. He went on to say that he felt Mr Keegan had been emotionally impacted after the incident despite being fortunate that there had been no long-term consequences due to the surgical mistake.

€10,000 delayed Treatment due to Negligence Compensation against the Mater Private Hospital was awarded in relation to the case.

Apr 07 2019

Hospital and Negligence Compensation Award of €268m Completed by State Claims Agency from 2017-18

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

The total figure of compensation paid out by the State Claims Agency (SCA) in relation to hospital and medical negligence claims totals over half a billion euro from 2017-18

New figures published by Minister for Health Simon Harris indicate that the amount of of compensation paid out by the State Claims Agency (SCA) in 2018 was €268.45m for hospital and medical negligence cases – a rise of €18.6 million – or 7.5% – on the €249.77m handed over in 2017. This brings the overall amount of compensation for hospital and medical negligence paid out in 2017-18 to €518.2m.

The figures were published by the State Claims Agency (SCA) as part of a response to an official Dáil Question from Fianna Fáil’s Finance spokesman, Michael McGrath. The response also indicated that the largest sum paid out in 2018 for hospital or medical negligence was €15.5m to an individual suffering with cerebral palsy.

Compensation cases made in relation to birth/pregnancy negligence or cerebral palsy made up seven of the top ten hospital or medical negligence payouts during 2018. The figures show that, in the seven cerebral palsy cases, an overall sum of €60.3m compensation was paid out in order to give adequate treatment for the people involved for the remainder of their lives.

The rest of the top ten was made up of cases including a pay-out of €6.3 million for a clinical procedure at surgery and a separate payout of €5.9m under the same category.

The smallest lowest payout in the top ten was €4.37mrelating to a clinical procedure in the Gynaecology service.

Nov 24 2018

Dead Woman’s Family Awarded €650,000 Childbirth Death Compensation

Birth Injury in Hospital, Delayed Treatment due to Hospital Negligence, Wrongful Death due to Hospital Negligence

The family of a woman, Nora Hyland, who died following an emergency caesarean section have been awarded €650,000 personal injury compensation at the High Court.

The family of Ms Hyland took the legal action to seek compensation for nervous shock following the death of their wife and mother. The compensation action was settled for €650,000 in favour of the husband and son of Nora, who passed away at the National Maternity Hospital (NMH) soon after having an emergency caesarean section.

Nora Hyland, a 31-year-old originally from Malaysia, died on the operating table at the NMH, Holles Street, Dublin, on February 13, 2012, just three hours after undergoing an emergency caesarean during the delivery of her son Frederick. The hospital refused to accept liability as part of the compensation settlement and denies the allegations.

The Hylands’ legal counsel, Ms Sasha Louise Gayer, spoke in the High Court and said that the Hylands are happy with the compensation settlement but were too upset to be present in court. Ms Gayer informed the court that baby Frederick was delivered successfully. However, not long after this Ms Hyland began to lose a lot of blood.

A subsequent inquest later delivered a verdict of medical misadventure. Ms Hyland had to wait almost 40 minutes for a blood transfusion after a severe bleeding.

In presenting his ruling on the cause of death, Dublin coroner Dr Brian Farrell ruled that the cardiac arrest which occurred due to severe post-partum haemorrhage was mainly to blame. However, he unable to confirm that the delay in Mrs Hyland receiving blood was a “definite” cause of her death.

In returning this verdict the inquest was told that a labelling mistake in the laboratory caused a 37-minute delay in Mrs Hyland being given a blood transfusion. Another problem was that no emergency supply units of O-negative, the universal blood type, were maintained in operating theatres at the National Maternity Hospital at the time of the issue. Steps were put in place and a request for blood was processed just after midnight.

Mr Hyland (42) from Station Road, Portmarnock, Co Dublin had taken the wrongful death in childbirth legal action against the NMH for nervous shock in relation to the traumatic circumstances at the time the incident.

Oct 25 2018

€750k Hospital Failure to Diagnose Compensation for Teacher who Suffered Brain Aneurysm

Delayed Treatment due to Hospital Negligence, Hospital Medical Negligence

Ms Lorraine Duffy, a Galway teacher who collapsed with a brain hemorrhage four years after being given the all clear in a brain scan has settled a High Court action for €750,000 failure to diagnose compensation.

Ms Duffy’s legal representative barrister John O’Mahony told the High Court she had attended the Galway hospital for a brain scan in 2008 as she was suffering from severe headaches particularly over her left eye. She was told that brain scan showed nothing abnormal and she was given the all clear. Four years later, in 2012, Ms Duffy was out running in 2012 when she collapsed.

Counsel said that at this point it was discovered that there was an aneurysm in the right side of the brain which should have shown up in the initial brain scan in 2008. Due to the failure to act on the 2008 brain scan Ms Duffy now has deficits because of injuries to the brain.

Ms Duffy (42) of An Creagan, Barna, Co Galway, took the failure to diagnose action against the Bon Secours Hospital, Renmore Road, Bon Secours Ireland Ltd and Bon Secours Health System Ltd of College Road, Cork which manages the Galway hospital. In addition to this she sought compensation from consultant radiologist Dr Davidson and Alliance Medical Diagnostic Imaging Ltd of Raheen, Co Limerick which was managed the diagnostic imaging at the Galway Hospital at the time of the 2008 scan.

Ms Duffy was given the wrong diagnosis of migraine headaches to be managed with medication. However, in the aftermath of her collapse in 2012 the matter was further investigated at a Dublin hospital and Ms Duffy was found to have been suffering from aneurysms.

Due to the brain injuries she suffered during the aneurysms Ms Duffy can now only do her job part time and will suffers from the consequences for the remainder of her life.

An apology by consultant radiologist, Dr Ian Davidson, of Bon Secours Hospital, Galway, was read to the court in which he acknowledged and apologised for “the failings” in respect of his care that led to the delay in diagnosis of Lorraine Duffy’s inter cranial aneurysm.

Dr Davidson stated: “I would like to offer my sincere sympathy and regret for the upset and harm you have suffered arising from the subarachnoid hemorrhage in May 2012”.

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.

Dec 18 2017

Woman (60) has €5m Settlement for Medical Misdiagnosis Compensation Approved

Delayed Treatment due to Hospital Negligence, Hospital Medical Negligence

Bernadette Surlis (60) from Co Roscommon has had her €5m medical misdiagnosis compensation settlement, in her litigation against the Health Service Executive (HSE) settled.

The legal action was in relation to the treatment she was given at Sligo General Hospital in 2013. Senior Counsel Mr Cush stated, if had Ms Surlis been speedily and correctly treated in November 2013, she would not have suffered the debilitating injuries that have changed her life completely. Mr Cush advised the court that liability was admitted by the Health Service Executive.

When she attended Sligo General Hospital on November 3, 2013, Ms Surlis was complaining of a headache, vomiting and had a dilated left pupil on her eye. However she was designated as category three ‘triaged’ case and left to wait for treatment for an additional three hours. ‘Triaged’ means that she was not treated as an immediate emergency requiring quick attention.

Doctors looked over her for symptoms of glaucoma and sent her home. However, she returned the very next day and, at this time, the severity of her ailments was “appreciated for the first time”.

Ms Surlis, who resides at Drinaum, Strokestown in Co Roscommon was moved to Dublin’s Beaumont Hospital on November 5 as she experienced a hemorrhage and severe/permanent injury. Mr Cush said the opinion of experts was that Ms Surlis, who now needs permanent care, will only slightly improve over the course of her life. She is aware of the severity of her condition and has difficulty communicating. However she can do so with the help of her close family members – three grown children and four sisters who live close to her.

It is claimed that if she had been sent to Beaumont when she first attended the Sligo Hospital she could have been treated in a correct manner and made a complete recovery and rehabilitation.

Now restricted to a wheelchair and living in a nursing home, Bernadette Surlis may realise her wish to return home in the future. Mr Justice Kevin Cross was advised that the misdiagnosis negligence settlement makes this a real possibility.

Judge Mr Justice Kevin Cross remarked that the medical misdiagnosis compensation settlement was a “reasonable and very good one”.

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