A man, who allegedly suffered a back injury while in the care of the Adelaide and Meath Hospital, has settled his claim for falling from a hospital trolley.
In September 2015, Anthony Whelan (64) – a caretaker from Tallaght in Dublin – attended the Adelaide and Meath Hospital in Tallaght complaining of a severe post-operative pain. It was decided to admit Anthony overnight in order to conduct a second operative procedure the following morning.
Anthony was put onto a hospital trolley to be transported to a ward. When no bed could be found to accommodate him, Anthony was moved into the corridor near a nursing station on the hospital trolley and screens placed around him so that he could get some rest.
While Anthony slept, he fell from the trolley – hitting his back against the base of the screens as he landed on the floor. An x-ray failed to reveal any injury to Anthony´s back, lungs or chest, but he was given a painkilling injection and moved to a private room.
After undergoing treatment to resolve his initial complaint, Anthony sought legal advice and made a claim for falling from a hospital trolley against the Adelaide and Meath Hospital. In his claim, Anthony alleged that he had not received appropriate management and care.
The hospital acknowledged that Anthony had fallen from a hospital trolley due to negligence, but disputed the extent of his injury and the amount of injury compensation he was claiming. Consequently the case was scheduled to be heard at the Circuit Civil Court for the assessment of damages only.
However, soon after the hearing had commenced, Mr Justice Raymond Groarke was informed that the two parties had come to an agreement on a settlement of the claim for falling from a hospital trolley. The judge was told that the settlement was within the jurisdiction of the District Court and that costs had also been agreed between the two parties.