Hospital Medical Malpractice Archives - Medical Negligence Claims

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.

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.

Jan 29 2020

Family of Woman Kept on Life Support due to Eighth Amendment Awarded €1.5m Settlement

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

A €1.5m settlement including expenses has been awarded to the family of a deceased young mother who was pregnant and kept alive on life support due to doctors’ concerns about the Eighth Amendment.

Ms Natasha Perie (26) was pronounced brain dead during November 2014 when she was 15 weeks pregnant. She had been kept alive on life support for an another four weeks after this due to doctors’ concerns in relation to the Eighth Amendment – which has since been repealed – for the foetus. Life support was turned off once her family obtained High Court orders to that end on December 26, 2014.

The final settlement was awarded for negligence in care at Midland Regional Hospital in Mullingar and €1.3m of it will be paid to Ms Perie’s two children, who are now aged 11 and nine. Her father Peter Perie initiated a legal action for damages for his two grandchildren (Natasha’s children) now aged 11 and 9, in relation to the loss of their mother. Both children, who have different fathers, had been living with their mother in Mr Perie’s home but, since her death, have been residing with their respective fathers.

The HSE admitted liability in the case but did not accept the extent of damages sought, some €3.2m. The State Claims Agency offered a settlement of some €1.5m on behalf of the HSE. Nervous shock claims by seven family members were settled on an earlier occasion and Ms Perie’s daughter received €150,000 in those proceedings.

Ms Justice Deirdre Murphy heard the bigger fatal dependency case, which started yesterday, after a mediation was unsuccessful in securing agreement and the €1.5m offer made earlier this week was not accepted.

An apology had been made public by the HSE for the family last November from the Mullingar hospital and the HSE in relation to problems with Ms Perie’s care at the hospital in late 2014. She was confirmed brain dead days after her admission there on November 27, 2014, but was then placed on life support.

Testimony was made to Justice Murphy, from members of his extended family and the children’s fathers and relevant medics, in relation to the effect on the children of seeing their mother on life support. Dr Frances Colreavy said Ms Perie’s eyes did not close properly. She said nurses advised her that the children, especially the then six-year-old girl, were upset, with both refusing to make contact with their mother. Th current state of the girl was referred to as “inconsolable”. A care specialist also told the Court that both children would need live-in nannies until they left home. The judge expressed concern about that and certain other aspects of the legal action.

However yesterday morning, in the aftermath of mediation talks, Mr Justice Kevin Cross was asked by Jonathan Kilfeather SC, instructed by Gillian O’Connor solicitor, of Michael Boylan Litigation, to give his approval the €1.5m offer.

Dec 05 2019

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

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

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

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

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

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

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

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

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

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

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

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.

Aug 13 2019

Use of Vaginal Mesh ‘Unsafe’ for Incontinence Treatment – UK Expert

Adverse Side Effects of Medication, Hospital Medical Malpractice, Hospital Medical Negligence

Chartered chemist Dr Chris DeArmitt, an expert witness who has helped over 9,000 women settle their vaginal mesh compensation actions successfully in the United Kingom, has expressed the opinion that devices such as these are not safe for the treatment of incontinence.

Dr DeArmitt commented, during an interview with Sky News, that “there are two main reasons why any plastics material expert will tell you just obviously that this is a bad material and I have never heard anyone who disagrees with me. I see an absolute disregard for proper testing. Testing is way less than you would see on a vacuum cleaner or a washing machine. It’s shocking. I’ve never seen anything like it in my career.”

Vaginal mesh devices are usually used in operations to address stress urinary incontinence (SUI) and pelvic organ prolapse (POP); two conditions women can develop a condition for after natural childbirth or later in life.

Speaking previously, Minister for Health Simon Harris said the suspension in Ireland of all surgical procedures involving these devices would remain until such time as the Health Service Executive implements 19 recommendations from Chief Medical Officer in Ireland, Dr Tony Holohan, at the end of 2018. The report said that the transvaginal mesh implant (TVMI) devices, used for the treatment of pelvic organ prolapse, can no longer be regarded as safe or acceptable for first line treatment. He said that these devices should only now be used in the management of complex cases, where other treatment options have not been successful or are not deemed appropriate.

Holohan said that it is still appropriate to use mesh for a mid-urethral sling for stress urinary incontinence and also as an abdominally placed mesh for dealing with prolapse.

There were a number of compensation claims submitted in in Ireland during 2017. This came about after the women in question, according to their legal teams, who were dealing with pain issues witnessed news programmes in the UK describing legal actions thee. They had been unaware of the link between their pain and and the vaginal mesh devices device prior to seeing the reports.

The US Food and Drug Administration(FA) in the USA made the sale and distribution of all mesh that was to be implemented in relation to pelvic organ prolapse illegal in 2019. These steps were implemented after a public campaign that involved over 100,000 people are suing in the United States in relation to injuries and illnesses. They allege that their illnesses and pain arose from the use of vaginal mesh devices.

Jeffrey Shuren, director of the FDA’s Center for Devices and Radiological Health said: “Patient safety is our highest priority, and women must have access to safe medical devices that provide relief from symptoms and better management of their medical conditions.”

Jul 27 2019

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

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

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

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

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

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

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

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

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

May 09 2019

Boy (9) who Sustained Brain Injury as an Infant Award Record Medical Negligence Compensation of €32m

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

Benjamin Gillick, a nine year old boy who sustained life long brain damage due to a delayed diagnosis of infection following surgery by medical staff when he was only a small child just an infant, has had a €32 million medical negligence compensation award approved at the High Court.

The boy’s parents, Miriam and Andrew Gillick, urged with the judge not to approve the proposed award as they were of the opinion that is insufficient when it comes to dealing with his health for the remainder of his life. They said: “It leaves us with a shortfall that will be imposed on ourselves or our children, or possibly our grandchildren.”

Presiding Judge Justice Kevin Cross told those present that a small percentage of the compensation, under €500,000, was being awarded due to the tragic injuries inflicted on Benjamin. Most of the remainder of the compensation awarded is being made s due to the cost of Benjamin’s complex treatment, educational and housing needs for the rest of his life.

The family previously live at Knockmaroon Hill, Chapelizod, Dublin but are now living in London. As party of the legal action Benjamin alleged the hospital was negligent about the investigation, diagnosis, management treatment and care of the shunt infection which he attended with on April 9th, 2011.Judge Cross, in giving his approval for a final settlement offer of €25m, stated: “When the headlines come to be written it should be noted that no one is getting a bonanza”.

Andrew Gillick, the boy’s father, told the Judge that he is worried with regard to the money being insufficient when compared to rates of return on investment in England, where the family have moved to. He went on to say that there has recently been a similar case decided in the UK where the compensation award was approximately €45m due to the costs of carers, therapies, aids and appliances, transport and education. He (Andrew) cried as he spoke of of his son’s “gruelling regime”daily that includes therapy for hours each day and that the need for two carers. Their figures for their son’s needs were not inflated he added.

Benjamin and his identical twin brother weres born prematurely. At 11 months old Benjamin had to undergo a clinical procedure at Temple Street Children’s Hospital to drain fluid from his brain. At the time a shunt was placed to address this issues. However, the boy was later brought back to the hospital as he was puking and feeling quite sick.

The High Court was informed that a shunt infection is a common complication of the process and the cause of the negligence was that for up to three days this possibility was not investigated. The court was also informed that Benjamin suffers with cerebral palsy, is quadriplegic, and cannot communicate verbally like other children of the same age.

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.

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.

Archive for Category: Hospital Medical Malpractice

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