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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.

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

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.

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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.

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

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”.

 

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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.

€850k Wrongful Death Compensation for Man Who Lost Wife

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.”

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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.

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

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.

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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.

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

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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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.

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

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”.

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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.

1,000 Irish Deaths Due to Medical Negligence Every Year

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.

 

 

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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.

Judge Approves Interim Settlement of Compensation for an Avoidable Delayed Birth

A judge at the High Court has approved an interim settlement of compensation for an avoidable delayed birth in favour of a six-year-old boy.

The claim for compensation for an avoidable delayed birth was made by the mother of a six-year-old boy from Ballaghaderreen in County Roscommon, who was born at Sligo General Hospital in May 2010.

It was alleged in the claim that a CTG trace taken at 5:30pm showed signs of foetal distress. However, rather than arrange his emergency C-Section delivery within a reasonable timeframe, his birth was avoidably delayed by more than two hours.

As a result of the avoidable delay, the boy was starved of oxygen and born with cerebral palsy. He now lives in Canada with his family and, although being described in court as a sociable and happy child, he suffers from a right-sided deficit.

Through his mother, the boy claimed compensation for an avoidable delayed birth. Acting on behalf of Sligo General Hospital, the Health Service Executive (HSE) was quick to acknowledge responsibility for the boy´s birth injuries and negotiations began to settle the claim.

During mediation, as well as discussing how much compensation for an avoidable delayed birth the boy was entitled to, senior HSE officials apologised to the family for the failings that led to the avoidable delay and explained how the failings happened.

It was agreed that the HSE should pay an interim €740,000 settlement of compensation to cover the costs of the boy´s past care and the care he will need over the next five years. As the claim was made on behalf of a child, it was presented to Mr Justice Kevin Cross at the High Court for approval.

At the approval hearing, Judge Cross was told the circumstances of the boy´s birth and the details of the interim settlement of compensation. In addition to praising the boy´s parents for the care they had provided over the past six years, he also commented of the HSE´s cooperation in resolving the claim.

Saying that an apology and an explanation was “absolutely something to be encouraged”, Judge Cross approved the interim settlement of compensation for an avoidable delayed birth and adjourned the case for five years to allow reports to be compiled on the boy´s future needs.

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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.

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

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.

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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.

Judge Approves Interim Compensation for a Brain Injury due to a Hospital Misdiagnosis

A judge has approved a €2.5 million interim settlement of compensation for a brain injury due to a hospital misdiagnosis in favour of a six-year-old boy.

On 24th August 2012, the parents of Eoghan Keating took their son to the A&E Department of Waterford Regional Hospital as he had developed a rash and was suffering from a fever. Eoghan was diagnosed with mumps and discharged with his parents being told to give him ibuprofen and Carpol.

During the night, Eoghan´s condition deteriorated. He became lethargic and a swelling in his neck increased in size, causing his concerned parents to call the caredoc GP service. The caredoc service advised Eoghan´s parents to take their son back to Waterford Regional Hospital.

On his return to the hospital, Eoghan was correctly diagnosed as having a chicken pox infection. He was intubated and ventilated before later being transferred to a hospital in Dublin. Tragically, the failure to correctly diagnose chicken pox and treat his infection with antibiotics on his first visit to hospital resulted in Eoghan suffering a brain injury due to which he is now tetraplegic and unable to talk.

Through his mother – Martina Keating of Upper Dunhill in County Waterford – Eoghan claimed compensation for a brain injury due to a hospital misdiagnosis against the Health Service Executive (HSE). In the legal action, it was claimed that there had been a failure to admit Eoghan when his parents first took him to the A&E Department, and a failure to identify the signs of a significant evolving infection.

After an investigation into the allegations, liability for Eoghan´s condition was admitted by the HSE and a €2.5 million interim settlement of compensation for a brain injury due to a hospital misdiagnosis was agreed. As the claim had been made on behalf of a child, the settlement first had to be approved by a judge to ensure it was in Eoghan´s best interests.

Consequently the circumstances leading up to Eoghan´s brain injury and its consequences were related to Mr Justice Kevin Cross at the High Court. At the hearing, the General Manager of Waterford Regional Hospital – Richard Dooley – read an apology to the family for the “deficiencies in care provided to Eoghan”, while the little boy´s mother told Judge Cross “We grieve every day for the life Eoghan has lost”.

The judge approved the interim settlement of compensation for a brain injury due to a hospital misdiagnosis and adjourned the case for two years. In two years´ time, the family will have a further interim settlement of compensation approved unless a system of periodic payments has been introduced by the Irish government in the meantime.

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