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If you or somebody close to you have suffered a loss, an injury or the deterioration of an existing condition due to to hospital medical negligence, you may be entitled to claim compensation for your injuries. A claim for hospital medical malpractice in Ireland has to demonstrate that a medical professional – or one of their support team – made an error which “in the circumstances and at the time” could have been avoided had an alternative course of action been taken. No two claims for hospital medical malpractice are the same, as the consequences of hospital medical malpractice affect everybody in a different way. Therefore, it is your best interests to establish your entitlement to claim hospital medical malpractice compensation with an experienced Irish solicitor at the first practical opportunity.

Repeat Cervical Scans Slammed by Medical Council President

Dr Rita Doyle, the President of the Medical Council has stated that asking patients to attend for repeat cervical smears due to the fact that their original samples are expiring beyond use is unacceptable.

Dr Doyle issued a official statement to the media following reports that a number of women who were being re-tested in the aftermath of  CervicalCheck controversy might have to go have a another smear test again as their samples are almost past the point of valid use.

The Health Service Executive (HSE) has revealed that in some cases smears may have to be taken again as the samples obtained have been stored for longer that their six-week period of use. The HSE also said that they will try and stop samples expiring but added that there has been a massive increase in the numbers of smears that contracted laboratories have to conduct.

Following this news, Dr Doyle urged that doctors who conduct the screening be supported as much as possible so they can complete timely laboratory analysis.

Dr Doyle said: “This is unacceptable to both patients and doctors. This could have the potential to have a further negative impact on the public’s confidence in screening services which would be very concerning. I am aware of reports of a recent development of a bottleneck in the analysis of cervical smears, whereby smears are not analysed in a timely fashion thus forcing the woman to re-attend and the doctor to repeat the smear.

She (Dr Doyle) went on to say that the Medical Council hopes to soon receive the results of the Scally Report. The Medical Council has also contacted the HSE to request information pertaining to any reports commissioned into the CervicalCheck issue.

Dr Doyle Concluded: “If there are issues around professional performance or conduct relating to individual doctors they will be investigated and dealt with by the Medical Council in a fair manner according to our procedures and regulatory powers”.

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If you or somebody close to you have suffered a loss, an injury or the deterioration of an existing condition due to to hospital medical negligence, you may be entitled to claim compensation for your injuries. A claim for hospital medical malpractice in Ireland has to demonstrate that a medical professional – or one of their support team – made an error which “in the circumstances and at the time” could have been avoided had an alternative course of action been taken. No two claims for hospital medical malpractice are the same, as the consequences of hospital medical malpractice affect everybody in a different way. Therefore, it is your best interests to establish your entitlement to claim hospital medical malpractice compensation with an experienced Irish solicitor at the first practical opportunity.

€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 or somebody close to you have suffered a loss, an injury or the deterioration of an existing condition due to to hospital medical negligence, you may be entitled to claim compensation for your injuries. A claim for hospital medical malpractice in Ireland has to demonstrate that a medical professional – or one of their support team – made an error which “in the circumstances and at the time” could have been avoided had an alternative course of action been taken. No two claims for hospital medical malpractice are the same, as the consequences of hospital medical malpractice affect everybody in a different way. Therefore, it is your best interests to establish your entitlement to claim hospital medical malpractice compensation with an experienced Irish solicitor at the first practical opportunity.

Compensation Bill for Cervical Cancer Screening could top €500m

Taoiseach Leo Varadkar has confirmed that the women affected by the CervicalCheck controversy will be compensated through a redress scheme. It is estimated that the cost of doing this could be in excess of €500m.

This announcement comes as new reports indicate that the original estimate that the number of misdiagnosis cases is actually as high as 3,000 and not the 1,500 it was originally believed to be. Should this be the case then it is extremely likely that the number of people given the incorrect results may be much higher that the 208, of whom 17 are now dead, first reported when the scandal became public.

Speaking during Leader’s Questions in the Dáil this week Mr Varadkar said: “We will need a scheme of redress for women whose cancer was missed and should have been detected beyond normal error and for women where there was a breach of duty to inform them of the audit results”.

He added: “Once again, I want to say how deeply concerned and upset I and the whole Government are at the situation with which we are now grappling.”

The Taoiseach also revealed that women who wants a repeat smear or review of their test, the State will meet that cost, as well as the GP appointment fee.

The smear controversy arose following the by the case taken by Vicky Phelan, a terminally ill mother. Mrs Phelan was advised, following a smear test in 2011 that she showed no signs of cervical cancer. However, an audit carried out in 2014 showed that the original results of the smear test were actually incorrect. Despite this she was not advised that she had cervical cancer until 2017 and in January 2018 she was told that her illness was now terminal – she has 6-12 months to live.

Ms Phelan, a 43-year-old mother of two from Co Limerick, was awarded €2.5m in the High Court. She now plans to travel to the US in the hope of being accepted onto a new trial treatment for cervical cancer.

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If you or somebody close to you have suffered a loss, an injury or the deterioration of an existing condition due to to hospital medical negligence, you may be entitled to claim compensation for your injuries. A claim for hospital medical malpractice in Ireland has to demonstrate that a medical professional – or one of their support team – made an error which “in the circumstances and at the time” could have been avoided had an alternative course of action been taken. No two claims for hospital medical malpractice are the same, as the consequences of hospital medical malpractice affect everybody in a different way. Therefore, it is your best interests to establish your entitlement to claim hospital medical malpractice compensation with an experienced Irish solicitor at the first practical opportunity.

Vicky Phelan Awarded €2.5m in Delayed Diagnosis Compensation Due to Incorrect Smear Test Results

An delayed diagnosis compensation settlement of €2.5m against a US laboratory has been made to Mrs Vicky Phelan, a terminally-ill mother of two from Annacotty, Co Limerick, who was wrongly advised that she did not have cancer in 2011.

In January 2017 Mrs Phelan was told that she has less than one year to live. This was after she had been advised, in 2011, that there were no abnormalities present in the smear sample tested at to Clinical Pathology Laboratories Inc. in Austin, Texas. Sadly,  in her next smear test completed in 2014 cervical cancer was now detected. Clinical Patholhy Laboratories found, during a review in 2014, that the 2011 smear test results had been incorrect. Despite this, Mrs Phelan was only made aware of this error in 2017.

Mrs Phelan’s legal team pointed out. in her High Court action which started last week, that if the cervical cancer had been detected in 2011 she (Mrs Phelan) would have had a regular procedure that would have given her a 90% chance of survival.

The legal action against the Health Service Executive was struck out and as the  misdiagnosis compensation settlement was made in relation to the testing company Clinical Pathology Laboratories Inc, Austin, Texas only, with no admission of liability.

In the aftermath of award being announced Mrs Phelan stated that a thorough inquiry into the CervicalCheck screening programme should be initiated.

She said: “To know for almost three years a mistake had been made and I was misdiagnosed was bad enough but to keep that from me until I became terminally ill and to drag me through the courts to fight for my right to the truth is an appalling breach of trust and I truly hope some good will come of this case and there will be an investigation in the CervicalCheck programme as a result of this.”

Mr Justice Kevin Cross said he was satisfied  with that approval and he praised the legal teams for completing the compensation action, was only begun in February 2017, to court as swiftly as they had. He also said that Vicky Phelan is one of the most impressive witnesses that has come before him in court.

Mrs Phelan has recently started treatment with a new drug and hopes to be accepted on to a US programme providing innovative treatment, So far she has raised €200,000 via a Go Fund Me page. Justice Cross said he believed that if anyone could beat this it is Mrs Phelan.

 

 

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If you or somebody close to you have suffered a loss, an injury or the deterioration of an existing condition due to to hospital medical negligence, you may be entitled to claim compensation for your injuries. A claim for hospital medical malpractice in Ireland has to demonstrate that a medical professional – or one of their support team – made an error which “in the circumstances and at the time” could have been avoided had an alternative course of action been taken. No two claims for hospital medical malpractice are the same, as the consequences of hospital medical malpractice affect everybody in a different way. Therefore, it is your best interests to establish your entitlement to claim hospital medical malpractice compensation with an experienced Irish solicitor at the first practical opportunity.

€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 or somebody close to you have suffered a loss, an injury or the deterioration of an existing condition due to to hospital medical negligence, you may be entitled to claim compensation for your injuries. A claim for hospital medical malpractice in Ireland has to demonstrate that a medical professional – or one of their support team – made an error which “in the circumstances and at the time” could have been avoided had an alternative course of action been taken. No two claims for hospital medical malpractice are the same, as the consequences of hospital medical malpractice affect everybody in a different way. Therefore, it is your best interests to establish your entitlement to claim hospital medical malpractice compensation with an experienced Irish solicitor at the first practical opportunity.

Medical Negligence Compensation Settlement Agreed in Relation to Ectopic Pregnancy Death

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.

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If you or somebody close to you have suffered a loss, an injury or the deterioration of an existing condition due to to hospital medical negligence, you may be entitled to claim compensation for your injuries. A claim for hospital medical malpractice in Ireland has to demonstrate that a medical professional – or one of their support team – made an error which “in the circumstances and at the time” could have been avoided had an alternative course of action been taken. No two claims for hospital medical malpractice are the same, as the consequences of hospital medical malpractice affect everybody in a different way. Therefore, it is your best interests to establish your entitlement to claim hospital medical malpractice compensation with an experienced Irish solicitor at the first practical opportunity.

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 or somebody close to you have suffered a loss, an injury or the deterioration of an existing condition due to to hospital medical negligence, you may be entitled to claim compensation for your injuries. A claim for hospital medical malpractice in Ireland has to demonstrate that a medical professional – or one of their support team – made an error which “in the circumstances and at the time” could have been avoided had an alternative course of action been taken. No two claims for hospital medical malpractice are the same, as the consequences of hospital medical malpractice affect everybody in a different way. Therefore, it is your best interests to establish your entitlement to claim hospital medical malpractice compensation with an experienced Irish solicitor at the first practical opportunity.

Judge Approves Settlement of Compensation for the Failure to Diagnose Hydrocephalus

Mr Justice Kevin Cross has approved a €1.9 million settlement of compensation for the failure to diagnose hydrocephalus in favour of an eight-year-old boy.

Joe Keegan-Grant was born on 17th January 2008 at the Mount Carmel Hospital by emergency Caesarean Section. The emergency procedure had been ordered by doctors wary of applying any pressure to an arachnoid cyst that had been revealed at the base of Joe´s skull during a pre-natal scan.

Despite the presence of the cyst, Joe was discharged from hospital a few days later. Over the course of the next few months, Joe was regularly assessed by public health nurses and paediatrician Dr Vladka Vilimkova. However, despite concerns about his delayed development, neither the public health nurses nor Dr Vilimkova identified that Joe´s head was growing too quickly for his age.

It was only in October 2008 – when Joe had been taken to his family´s new GP in Creggs, County Roscommon, suffering with a chest infection – was any comment made about the size of Joe´s head. Joe was referred to the Crumlin Hospital, where he was diagnosed with hydrocephalus – a condition that is known to be a consequence of an arachnoid cyst, and that can cause developmental delay and autism.

Through his mother, Patricia, Joe claimed compensation for the failure to diagnose hydrocephalus – alleging that both the public health nurses and Dr Vilimkova failed to plot Joe´s head circumference on a chart or exchange information about Joe´s developmental delay. The HSE denied liability, but made the family an offer of compensation for the failure to diagnose hydrocephalus amounting to €1.9 million.

At the High Court in Dublin, Mr Justice Kevin Cross heard that, although there was evidence to support the claim for compensation for the failure to diagnose hydrocephalus, the HSE had opposing evidence that disputed the link between the failure to diagnose hydrocephalus, developmental delay and autism. With there being a dispute over liability and causation, the court was asked to approve the settlement.

Joe´s father told the judge: “we just want to ensure that we can look after him and offer him the best care and therapy and interventions that can bring him along.” Judge Cross also heard that, despite his autism, Joe was doing well at a mainstream school but he will never be able to care for himself, get a job or lead an independent life.

Judge Cross said in the circumstances it would be prudent to approve the settlement of compensation for the failure to diagnose hydrocephalus. The judge noted there was a risk that, should the case go to a full hearing, Joe might be unsuccessful with his claim against the HSE. The judge approved the settlement and closed the hearing after wishing Joe and his parents all the best for the future.

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If you or somebody close to you have suffered a loss, an injury or the deterioration of an existing condition due to to hospital medical negligence, you may be entitled to claim compensation for your injuries. A claim for hospital medical malpractice in Ireland has to demonstrate that a medical professional – or one of their support team – made an error which “in the circumstances and at the time” could have been avoided had an alternative course of action been taken. No two claims for hospital medical malpractice are the same, as the consequences of hospital medical malpractice affect everybody in a different way. Therefore, it is your best interests to establish your entitlement to claim hospital medical malpractice compensation with an experienced Irish solicitor at the first practical opportunity.

Claim for the Inappropriate Use of Syntocinon Heard in Court

The High Court has heard details of a claim for the inappropriate use of Syntocinon during labour, which resulted in a baby being born with kinetic cerebral palsy.

On 20th July 2007,Patrick Brannigan was born by emergency Caesarean Section at Cavan General Hospital after his mother had been administered Syntocinon to speed up her labour (you can read about the risks associated with Syntocinon here).

The synthetic drug was administered despite a CTG trace showing that Patrick was in distress in the womb and, rather than help facilitate his delivery, the Syntocinon had the effect of depriving Patrick of oxygen.

Patrick was born suffering from dyskinetic cerebral palsy. Now seven years of age, Patrick is confined to a wheelchair and has no means of communication. He is cared for full-time by his parents and will never be able to lead an independent life.

Through his mother – Niamh Brannigan of Castleblayeny, County Monaghan – Patrick made a claim for the inappropriate use of Syntocinon during his mother´s labour, alleging that medical staff at Cavan General Hospital mismanaged his birth.

Cavan General Hospital acknowledged that the drug should never have been administered when there were signs of foetal distress and apologised to the family. A €2.1 million interim settlement of Patrick´s claim for the inappropriate use of Syntocinon was agreed, subject to approval by a judge.

Earlier this week at the High Court in Dublin, the circumstances leading up to Patrick´s birth were related to Mr Justice Kevin Cross. Judge Cross heard that Patrick is a cheerful, good humoured boy before approving the interim settlement of compensation.

The judge then adjourned the claim for the inappropriate use of Syntocinon for three years in order that reports could be compiled into Patrick´s future needs. It is hoped that legislation is passed within the next three years in order that a periodic payment structure can be used to resolve Patrick´s claim for the inappropriate use of Syntocinon.

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If you or somebody close to you have suffered a loss, an injury or the deterioration of an existing condition due to to hospital medical negligence, you may be entitled to claim compensation for your injuries. A claim for hospital medical malpractice in Ireland has to demonstrate that a medical professional – or one of their support team – made an error which “in the circumstances and at the time” could have been avoided had an alternative course of action been taken. No two claims for hospital medical malpractice are the same, as the consequences of hospital medical malpractice affect everybody in a different way. Therefore, it is your best interests to establish your entitlement to claim hospital medical malpractice compensation with an experienced Irish solicitor at the first practical opportunity.

MPS Suggests Protocol to Lower Costs of Hospital Negligence Claims in Ireland

The Medical Protection Society has suggested that solicitors trial a “pre-action protocol” which is aimed at lowering the costs of hospital negligence claims in Ireland.

Because of the significant expenses involved in bringing legal action against the HSE, the costs of hospital negligence claims can be exceptional. The Medical Protection Society – a non-profit organisation that provides legal assistance to the medical industry – acknowledges this, and has proposed a “pre-trial protocol” which aims to lower the costs of hospital negligence claims in Ireland.

The suggested protocol is intended to promote openness and transparency in communications between solicitors acting on behalf of plaintiffs and defendants, and provide an opportunity for hospital negligence claims to be investigated and resolved before litigation is necessary.

In England and Wales financial penalties are imposed on solicitors who go straight to litigation without first attempting some form of mediation; but, if the MPS´s proposals are successful, penalties should not be necessary when the improved dialogue should lower the costs of hospital negligence claims in Ireland by creating a less adversarial process.

The MPS´s Director of Claims – Emma Hallinan – is proposing that the protocol be trialled voluntarily before legislation has to be introduced for solicitors to engage at an early stage. She said “We recognise the important role that the MPS must play, and have committed to trialling procedural reform before it is introduced in statute. We are in the process of writing to plaintiff lawyers with large medical negligence practices to request that they work with us to pilot this.”

Among the MPS´s proposals, a tariff of general damages would be introduced – similar to the Judicial College´s “Guidelines for the Assessment of General Damages in Personal Injury Cases” in the UK – which would provide a scale of compensation awards for specific physical injuries caused by hospital negligence ranging from dental damage to catastrophic brain injuries.

Other general damages (for loss of amenity and emotional trauma) as well as special damages to replace lost income and expenses would still have to be resolved by negotiation; however many observers looking at the proposals are in agreement that the MPS is heading in the right direction to lower the costs of hospital negligence claims in Ireland.

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