Hospital Medical Negligence Archives - Medical Negligence Claims

A claim for hospital medical negligence compensation enables you to recover financial damages when you – or somebody close to you – have suffered a loss, an injury or the deterioration of an existing condition due to the medical negligence of a hospital employee who owed you a duty of care. No amount of hospital medical negligence compensation can make up for a life-long health issue which has been caused by a hospital´s medical negligence, but a claim for compensation for hospital medical negligence can provide you with the funds required to get the care and support you need. Unlike most other personal injury claims in Ireland and compensation claim for hospital medical negligence cannot be processed by the Injuries Board Ireland and it is in your best interests to discuss the circumstances of the hospital medical negligence with an experienced Irish solicitor at the first practical opportunity.

Oct 22 2020

Hospital Treatment Failings lead to Family of Deceased Man Being Awarded €165,000

Hospital Medical Negligence

A settlement of €165,000 hospital negligence compensation has been approved at the High Court for the family of a 92-year-old man who died in hospital, having received treatment for injuries sustained in a fall at his home in Sword, Co Dublin.

After falling at his family home on July 13, 2015 Mr Dillon was taken to Beaumont Hospital A&E in Dublin for medical treatment. Upon arrival it was noticed that he had a raised white cell count and a raised CRP count, all of which, counsel said, were “indicators of infection overload”.

Some time later Mr Dillon was allowed to return home. However he continued to suffer with severe pain and three days later he was taken back to the hospital where “a substandard examination” was carried out. Mr Dillon was transferred to a rehabilitation step-down facility where it was noticed that Mr Dillon had pressure sores which, according to counsel, “have no place in modern medicine”.

Mr Dillon was taken back to Beaumont hospital on July 27, 2015, and he was severely septic and suffered multi-organ failure prior to dying on July 31. Mr Dillon was a very active man and also tended to his son who had special needs, counsel said. Ann Walsh, Mr Dillon’s daughter, expressed the her family’s unhappiness with the attention given to her fathers, telling Mr Justice Garrett Simons: “The way daddy was treated, no old-age pensioner should be treated like that.” She said that her father had been “put to the side”.

Mr Justice Simons commended the testimony of Ms Walsh daughter had given elegant testimony about her late father. Doireann O’Mahony BL advised the judge that Mr Dillon was a healthy and active man and is a massive loss to his family and community in Swords, Co Dublin.

Beaumont Hospital had admitted a breach of duty in the case in relation to the delay in formulating an accurate diagnosis of Mr Dillon’s condition and his transfer to the rehabilitation hospital. There were, however, other matters at issue in the legal action.

Ann Walsh, of Seatown Villas, Swords, Co Dublin, and her brother Gerard Dillon, of Seatown Terrace, Swords, had taken the legal action against the Beaumont Hospital in relation to the care provided to their father at the hospital during 2015. It was claimed there was a failure to provide the standard of treatment, competence, judgment, diligence and skill which it was reasonable to expect. In addition to this it was claimed Mr Dillon was in a chair in the hospital A&E for a long duration of time which, it was alleged contributed to the deterioration of his condition. It was also alleged a diagnosis of a spine fracture was made which was not identified on a subsequent X-ray.

Speaking outside court following the settlement approval, the family’s solicitor, Niall Tansey, said the settlement is the end of a long and difficult time for the Dillon family. He said Mr Dillon was a huge figure in the Swords community and in the Dillon family.

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.”

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.

Oct 25 2018

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

Delayed Treatment due to Hospital Negligence, Hospital Medical Negligence

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

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

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

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

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

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

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

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

Jul 04 2018

High Court Approves €1m Birth Injury Compensation for 13-Year-Old Girl

Birth Injury in Hospital, Hospital Medical Negligence, Injured in Accident in Hospital

A birth injury compensation action against the Health Service Executive has been settled for €1m in the High Court after a girl, now 13-years-old, was not diagnosed with a serious hip abnormality at birth. The condition was not being diagnosed for six years and the young girl, Nyomi Millea Melvey, now suffers from a permanent disability.

The father of the young girl, Colin Melvey, told the court that Nyomi is only able to walk for a period of three to five minutes before her hips become locked into position. He said his daughter has done really well considering the challenges she faces, but she has to work harder because of her disability. Mr Melvey went on to say that Nyomi will also require at least three hip replacement operations throughout her life.

The condition that Nyomi suffers from, known as bilateral hip dysplasia was diagnosed she was six-years-old and it was alleged that the options to address this were extremely limited due to the failure to diagnose this earlier.

Nyomi’s Legal Counsel, Mr Liam Reidy, spoke in the High Court saying that she was born with the condition where both hips were displaced, but that this was not diagnosed by the physicians present at the birth. Nyomi, they said, had been medically examined by medics on different times and there was an alleged failure to recognise the abnormality that she displayed.

Taking the failure to diagnose compensation action through her mother Wendy Millea, Nyomi sued HSE for compensation. Ms Millea had received antenatal care during her pregnancy at Waterford Regional Hospital. Nyomi was born on January 20, 2005, with bilateral hip dysplasia and the attending medical staff failed to recognise the condition. The conditions was not recognised until February 2011.

Additionally it was argues that there was a failure to recognise the underlying hip problem from simple observations despite the physical appearance of the infant and worries made known by her mother along with an alleged failure to refer her for evaluation by an orthopaedic surgeon (or a suitably qualified professional healthcare person).

The claims were denied by the HSE.

Mr Justice Paul Butler approved the settlement of €1,000,000 in birth negligence compensation.

Jan 18 2018

Medical Negligence Compensation Settlement Agreed in Relation to Ectopic Pregnancy Death

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

Alan Thawley, whose wife Malak passed away during surgery for an ectopic pregnancy at the National Maternity Hospital (NMH) in 2016 has settled his High Court action for medical negligence compensation.

Mrs Thawley, aged 34 at the time of her death was expecting her first when she died at the Holles Street hospital on May 8, 2016.

In the initial hearing legal representatives for Mr Thawley advised the court last week that his wife’s death was a result of a “cascade of negligence”. Liam Reidy SC, representing Mr Thawley argued that the doctor who carried out the surgery on Malak, a teacher and a US citizen, was an inexperienced junior surgeon and was not adequately supervised.

He added that the ineptitude of the physicians could be highlighted particularly when a decision was taken to cool Mrs Thawley’s brain with ice. Upon discovery that there was no ice in the hospital two doctors were sent across the road to a pub to get ice as there was none in the hospital.

Mr Justice Anthony Barr was told, when the case came back before the court on Tuesday, that it was settled for compensatory damages only and aggravated or exemplary damages were not involved. No other specific details of the medical negligence settlement were provided to the court.

Commenting outside the court Alan Thawley said that he was happy to have come to a settlement after a long and harrowing process. He said: “There is no compensation that could replace the profound loss of my wife’s untimely and needless death”.

Mr Thawley went on to say: “The proceedings were brought forth to expose the cascade of negligence demonstrated by the hospital”.

He also committed to working with the Department of Health’s Ministerial Inquiry in a bid to prevent other people suffering, as he has, in the future.

Dec 18 2017

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

Delayed Treatment due to Hospital Negligence, Hospital Medical Negligence

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

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

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

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

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

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

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

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

Archive for Category: Hospital Medical Negligence

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