Wrongful Death due to Hospital Negligence Archives

Compensation claims for wrongful death due to hospital negligence enable you to recover compensation if a family member or close partner has tragically and unnecessarily died due to a lack of care by a medical practitioner or an agent of a medical facility.

A claim for a wrongful death due to hospital negligence is usually supported by a coroner´s report or the results of an investigation into the death of a loved one, but even then it is often difficult to receive an admission of liability and an apology from the Health Service Executive (HSE).
For professional legal advice about the process for claiming compensation for a wrongful death due to hospital negligence, you are invited to contact our Freephone Advice Line and discuss the circumstances of your loved one´s death with an experienced medical negligence solicitor.

Our solicitor will be able to advise you of the procedures that have to be completed before a claim for wrongful death due to hospital negligence can proceed, and conduct a preliminary assessment of your case to determine whether you have a claim which may be worth your while to pursue.

Dec 10 2021

Tipperary Hospital Apologises to for Death of Colette Fitzpatrick’s Father

Wrongful Death due to Hospital Negligence

An apology has been issued by Tipperary University Hospital to the family of Virgin Media News anchor Colette Fitzpatrick and her sister Olivia in relation to the death of their father on January 31 2019.

Representing the Fitzpatricks’ in court Senior Counsel Oisín Quinn SC, instructed by Cian O’Carroll Solicitors, said that former Garda Chief Superintendent Peter Fitzpatrick (87) passed away after being referred by his GP with a history of bilious vomiting on January 24 2019.

With an address at Holycross, Mr Fitzpatrick, underwent an x-ray which resulted in a diagnosis of obstruction. Additionally it was noted that sepsis was present and intravenous antibiotics were prescribed. Following this, medics started treatment for deep-vein thrombosis. This involved a CT scan being conducted on January 25 and it was known, five days later that he was suffering from bowel obstruction which led to a period of him being unwell and drowsy.

Mr Fitzpatrick underwent an emergency surgical procedure on January 30. Sadly he became critically unwell after the procedure and passed away the following day.

The legal action alleged that there was a failure to adequately, competently or properly diagnose or examine Mr Fitzpatrick’s clinical condition at any time once he had been admitted to hospital on January 24, 2019 and his preventable avoidable death on January 31, 2019. It was also alleged there was a failure to take the required steps to follow up on the CT scan of January 25 when Mr Fitzpatrick was clinically diagnosed with bowel obstruction. The failure, five full days following his admission to hospital, to clarify the cause of the assumed bowel obstruction despite concerning clinical events and investigative results. Finally it was alleged that Mr Fitzpatrick had been in a fit and active condition prior to his death. He cherished his daughters and provided them with a source of great love, affection and joy to them and their families.

Colette Fitzpatrick and her sister Olivia, who had taken the legal action in relation to the mental distress that they suffered in relation to their father’s death, were present in court for the announcement of the settlement.

The letter of apology from the general manager of Tipperary University Hospital said it “sincerely apologised for our failure to take adequate action or steps or interventions that led to the death of your father, Mr Peter Fitzpatrick, in our care. Moreover, we apologise for causing you and your family unnecessary pain and distress”.

The Health Service Executive (HSE) admitted liability in the case and a settlement was reached with the Fitzpatricks after mediation. The terms of the settlement will remain confidential and

Presiding Judge Justice Paul Coffey conveyed his “deepest sympathy” to them and the Fitzpatrick family.

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.

Jun 28 2019

€260,000 Wrongful Death Award for Family of Woman Who Died After Receiving Half Epilepsy Drug Dose

Wrongful Death due to Hospital Negligence

The family and relations of Kathleen Leech who died due to a charting mistake lead to her only getting 50% ofher required epilepsy medication treatment for a period of 23 days have settled their High Court action in relation to her wrongful death for a sum of €260,292.

The 68-year-old Wexford mother of five adult children passed away at Peamount Healthcare nursing home, Newcastle, Co Dublin on June 30 2012 after her caring staff did not notice that she had only being given one daily dose of Keppra, an anticonvulsant to stabilise her epilepsy, despite the fact that she should have also been given another daily dose.

Mrs Leech’s husband, Gregory Leech senior, took sued the care home for wrongful death compensation. In a separate wrongful death compensation action Mrs Leech’s children – Noreen, John, and Gregory Leech junior, and Marian Dalton and Kathleen Caulfield – sued for trauma caused by nervous shock.

Along with accepting liability, Peamount Nursing Home made an unreserved apology for shortcomings in care given to Mrs Leech. In a letter read out in court on Thursday, the nursing home expressed an unreserved apology for Mr Leech in relation to the failings in care for his wife and for the trauma and upset it had caused to the family.

Barney Quirke SC, representing the Leech family, told the presiding judge that Mrs Leech suffered a stroke in November 2011. Unfortunately she never recovered enough to return home from Tallaght Hospital but a place was allocated to her in Peamount in June 2012.

Counsel told the Court that, following an in depth investigation and a following inquest, a number of major changes have been adapted by the management of Peamount to ensure that a mistake like this does not happen again.

On the day she was taken to Peamount Ms Leech was required to be taking 21 medications on a daily basis. However the pharmacy was closing and her daily requirements were not recorded and it was not noted that she required two doses of Keppra each day. Ms Leech then went 23 days without her second daily dose. After this she experienced a major seizure and was taken back to Tallaght Hospital. Sadly it was, at this point, too late to save her as she had developed an infection. She died on June 30 2012.

Mrs Leech’s children agreed to waive their claim to the statutory €25,000 payment to the family in relation to the wrongful death of their mother. Instead the €260,292 award is to go to their father for him to manage.

Jan 25 2019

€200k Settlement in Wrongful Birth Death Compensation Case

Birth Injury in Hospital, Wrongful Death due to Hospital Negligence

The Health Service Executive and a hospital have apologised to the parents of a Ali Dowling Crowe, who died two weeks after her birth, for failings in care at the time of her birth.

Patrick Treacy SC, legal representative for Ali’s family, told the court the child suffered brain damage from, what was referred to as, a ‘near total deprivation of oxygen’ at the time of her birth.

A letter of apology to Ali’s parents, Sharon Dowling and Brian Crowe, was read to the the High Court, which said that the HSE and St Lukes Hospital, Carlow/Kilkenny “express an unreserved apology to you and your family for the failings in the care afforded to your child Baby Ali in the course of her birth at this hospital on January 17, 2015. We extend our deepest sympathy to you and your family arising from her subsequent death on February 1st, 2015.”

The couple, of Glenvale, Ballyraggert, Kilkenny had taken the legal action against the HSE claiming Ali suffered brain damage during to her delivery. This, they claimed, was caused by an acute near total hypoxic ischemic insult during labour. Ali became unwell upon her delivery on January 17 2015, and passed away on February 1.

In the birth death compensation action it was claimed that Ali’s delivery should have taken place 20 or 35 minutes earlier and that a failure to interpret a CTG suitably and take the appropriate step for remedial action. The court was told that there was a partial admission in the case in relation to the CTG trace.

Ali was their first child and both parents said they suffered shock distress and emotional upset following her death.

In a statement made outside court, Ali’s parents said that they never imagined that instead of celebrating the birth of their beautiful daughter, they would be arranging her funeral. They said: “Instead of calling loved ones telling them our much anticipated and longed for first born had arrived, we had to impart the devastating news that our baby was dead. On that day our lives changed forever and will never be the same again. We are broken but we choose to live in hope and we will try to get on with our lives, knowing that Ali is in our hearts, our angel in heaven guiding and protecting her parents and two sisters.”

Approving the settlement, Ms Justice Bronagh O’Hanlon said she was pleased that there has been an apology issued and wished the family all the best for the future, adding that she was aware that no words from her or compensation could console the parents who have lost their first child.

Nov 24 2018

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

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

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

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

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

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

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

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

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

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

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.

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.

Oct 12 2017

1,000 Irish Deaths Due to Medical Negligence Every Year

Clinical Malpractice in Hospital, Delayed Treatment due to Hospital Negligence, Hospital Medical Malpractice, Hospital Medical Negligence, Wrongful Death due to Hospital Negligence

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.

Nov 16 2016

Settlement of Claim against the HSE for a Mismanaged Birth Approved at the High Court

Hospital Medical Negligence, Wrongful Death due to Hospital Negligence

The €98,000 settlement of a claim against the HSE for a mismanaged birth has been approved at the High Court despite the HSE failing to admit liability.

The claim against the HSE for a mismanaged birth was made by a couple from Ballyneety in County Limerick following the death of their daughter six hours after she had been born at the Limerick Regional Maternity Hospital.

The couple alleged that their daughter had been born in good health on July 15, 2010 but, due to a serious of negligent actions by hospital staff, the child suffered a severe loss of blood that was not detected in a timely manner and died.

The claim against the HSE for a mismanaged birth alleged that, after her birth, the baby was lifted above the level of the placenta to untangle her from the umbilical cord and there was a failure to clamp the cord in a timely and effective manner – thus causing the severe loss of blood.

The HSE denied the allegations and presented an alternate version of the facts. Although failing to admit liability, an offer of settlement was made of €98,000 to account for the couple´s emotional trauma and nervous shock on learning of the death of their child.

At the hearing to approve the settlement, Mr Justice Kevin Cross was told a dispute existed around how the baby had been lifted so the umbilical cord could be cut. He heard that the child later became floppy and collapsed – dying six hours and thirteen minutes after her birth.

During the approval hearing a statement of regret was read to the family be a representative of the HSE, after which Judge Cross approved the settlement of the claim against the HSE for a mismanaged birth and extended his sympathy to the family for their loss.

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