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Medical Negligence Claims

In order to be successful, medical negligence claims for compensation have to establish that a medical practitioner was responsible for a loss, an injury or the deterioration of an existing condition due to a poor professional performance at the time and in the circumstances.

A claim for medical negligence compensation will need to be supported a medical expert´s opinion that the medical practitioner responsible for your injury could have used an alternative method of treatment or diagnosis which, on the balance of probability, would have avoided the injury from occurring.

Medical Negligence Claims are not Covered by the Injuries Board

Because liability for injuries caused by medical negligence is often determined by medical opinion – rather than established fact – the Injuries Board will decline to process any applications relating to medical negligence claims submitted to them.

Instead, medical negligence claims are resolved by negotiation with the practitioner or the authority responsible for your negligent care. Only when an appropriate settlement of compensation for medical negligence cannot be agreed upon will your claim be resolved by court action.

Settlements of Medical Negligence Claims

Settlements of medical negligence claims are calculated according to the degree and permanence of the injury you sustained, the impact on your quality of life, and the economic cost of your injury. In certain circumstances compensation for emotional trauma can also be included in calculations.

Usually, settlements of medical negligence compensation are paid by a practitioner´s medical insurance company or the State Claims Agency when a claim for medical negligence compensation is made against a state-managed hospital or medical facility.

Time Limits for Making Medical Negligence Claims

When you make a personal injury claim in Ireland, you are generally allowed two years from the date of an accident in which to claim injury compensation. However, when you have suffered an injury or the avoidable deterioration of an existing condition due to medical negligence, the consequences of your practitioner´s negligence are not always apparent.

Therefore, plaintiffs wishing to make medical negligence claims in Ireland are allowed two years from the “date of knowledge” of an injury to commence legal action. Typically this is the date on which an error due to medical negligence is discovered, but the date can vary depending on the nature and the circumstances of the adverse event.

Why You Should Consult a Solicitor

If you believe you have suffered a loss, an injury or the avoidable deterioration of an existing condition due to medical negligence, you should discuss the circumstances with an experienced medical negligence solicitor at the earliest possible opportunity.

For this reason we provide a confidential 24-hour helpline where you can talk with a highly experienced and specialised medical negligence solicitor who will answer any questions you may have about your potential compensation claim.

While we strive to ensure all the articles on this site are factually accurate you should never solely rely on the information supplied on this page. Every medical negligence case is different and, while reading one of our articles can provide you with general information, you should always get expert advice and consult a solicitor before taking any action that may have legal consequences.

Claim for Brain Damage due to Surgical Negligence Heard in High Court – Again

A judge will decide on the final settlement of a claim for brain damage due to surgical negligence after approving a third interim compensation payment. In November 2001, Eoin O´Mahony was just nineteen years of age and a Leaving Certificate student when he was referred to the Cork University Hospital complaining of headaches. Eoin underwent brain surgery on 23rd November to reduce the pressure on his brain and a second procedure on 30th November to remove part of a tumour that had been discovered. Due to surgical errors during the operations, Eoin lapsed into a coma on 1st December. When he came round from the coma, Eoin was diagnosed with locked-in syndrome – a condition in which a patient is fully aware of his or her surroundings, but is unable to move or communicate verbally due to complete paralysis of nearly all the voluntary muscles in the body. The Cork University Hospital acknowledge liability for Eoin´s brain damage in 2009, and two interim compensation payments amounting to €4.1 million have been paid to his parents while the courts have been waiting for a structured periodic payment system being introduced. On this occasion, Eoin´s parents requested a lump sum final settlement of the claim for brain damage due to surgical negligence as they have already endured thirteen years of litigation on their son´s behalf. At the High Court, Mr Justice Michael Moriarty agreed to their request; but after nineteen days of hearings – during which reports concerning Eoin´s future requirements were discussed – no agreement could be reached on a final settlement. Mr Justice Michael Moriarty instructed the parties that a final settlement should be between €10 million and €10.1 and briefly adjourned the hearing to allow for negotiations to continue out of court. When the hearing resumed, Eoin´s legal team advised Judge Moriarty that the family had been prepared to split the difference in the figures that the judge had quoted as the family wanted to resolve the claim for brain damage due to surgical negligence once and for all – but the State Claims Agency would not agree to this arrangement. The judge said that he would make a decision on the final settlement of the claim for brain damage due to surgical negligence, and promised the family that they would know his decision no later than October. Judge Moriarty then instructed the State Claims Agency to make a third interim compensation payment of €800,000 to cover the medical and care costs that Eoin´s family would incur in the intervening period.

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Judge Approves Compensation for a Heart Attack due to Medical Negligence

A High Court judge has approved an interim settlement of compensation for a heart attack due to medical negligence amounting to €1.5 million. In December 2010, Martin Byrne (52) from Swords in County Dublin was admitted to the Mater University Hospital to undergo surgery for unstable angina. The operation appeared to go successfully, but five days later internal bleeding was caused by the removal of pacing wires and Martin suffered a heart attack. Martin´s heart stopped for fifteen minutes after the heart attack, during which time he suffered profound brain damage. He went into a coma from which he did not awaken until February 2011 and Martin now needs full-time care, which is mostly provided for him by his wife Una. On her husband´s behalf, Una claimed compensation for a heart attack due to medical negligence – alleging that the pacing wires were removed by junior staff who caused the internal bleeding due to their inexperience. Liability for Martin´s injuries was not acknowledged by the Mater University Hospital until December 2014. At the High Court, Mr Justice Kevin Cross heard that Martin was a former taxi driver and father of four. The court was told that, prior to his heart attack, Martin had been an active man who enjoyed camping with his family and scuba diving. Una told Judge Cross “we thought it was the beginning of the rest of our lives as our children were working or at college”. Judge Cross also heard that an interim settlement of compensation for a heart attack due to medical negligence had been agreed amounting to €1.5 million. This interim settlement is due to cover Martin´s medical expenses for the next three years while reports are compiled on his future needs or until a system of periodic payments is introduced in Ireland. After an apology was read to the family by Mary Day – the CEO of the Mater University Hospital – Judge Cross approved the interim settlement of compensation for a heart attack due to medical negligence, saying that Martin had “suffered something nobody should have suffered”. The judge then closed the case and wished the family well for the future.

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Woman Awarded Compensation for Negligent Post-Natal Care

A woman has been awarded compensation for negligent post-natal care after she was prescribed antibiotics to deal with a vaginal swab left inside of her. Claire Lalor (30) from Swords in County Dublin gave birth at the National Maternity Hospital on 24th December 2012 after a difficult labour and was discharged three days later. On January 2nd and January 9th Claire returned to the hospital on the advice of public health nurses over concerns about pain and a smell from her lower body. On neither occasion was Claire examined internally and, on her second return visit to the National Maternity Hospital, she was prescribed antibiotics. It was only on a third visit the following week that Claire was examined internally – by which time the smell had worsened – and on this occasion it was discovered that a vaginal swab had been left inside of her from the delivery of her child. On January 18th – two days after the swab had been removed – Claire returned to the National Maternity Hospital once again, this time suffering from severe physical pain, sweating, chills fever and diarrhoea. She was admitted into the hospital, but told that she was suffering from post-natal depression and later discharged. Unable to keep food down once she returned home, Claire was taken to the Beaumont Hospital. There she was diagnosed with C.difficile – a consequence of the unnecessary antibiotics she had been prescribed on her second return visit to the National Maternity Hospital. Once she had recovered, Claire sought legal advice and claimed compensation for negligent post-natal care. After an investigation into Claire´s allegations, the National Maternity Hospital admitted liability for the pain she had suffered as a result of the swab being left inside of her, the discomfort she had experienced from the “disgusting” and “horrible” smell that had developed as a result of the hospital´s error, and for the C.difficle infection she had contracted as a result of the antibiotics she had mistakenly been prescibed. However, the hospital contested the extent of Claire´s psychological trauma, and argued that her emotional upset was attributable to her post-natal depression rather than any depression or adjustment disorder caused by the events associated with the swab. Unable to reach an acceptable settlement of compensation for negligent post-natal care, the case went to the High Court for an assessment of damages. At the High Court, Mr Justice Kevin Cross accepted that the traumatic birth of Claire´s child made her more likely to suffer from post-natal depression, and that her continuing symptoms of psychological trauma have some origin in her underlying disposition. However, the judge ruled that were it not for the admitted negligence of the National Maternity Hospital, Claire would have recovered from any post birth upset in a shorter period of time and would not have the level of psychological injury that she has now. Judge Cross added that Claire was a truthful witness in her evidence and that she was “entirely appropriately extremely distressed” by the episode. Commenting that her fear and distrust of the medical professional was not unreasonable in the circumstances, the judge awarded Claire €140,000 compensation for negligent post-natal care.

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Judge Approves Settlement of Compensation for Injuries due to Birth Complications

A High Court judge has approved an interim settlement of compensation for injuries due to birth complications in favour of a ten year old boy. Luke Beirne from Mullingar in County Westmeath was born at the Midlands Regional Hospital on 30th September 2004, eleven days past his due date. Due to alleged circumstances surrounding his birth, Luke was starved of oxygen in the womb and now suffers from cerebral palsy. His mother – Margaret – alleged that midwives were “chatting in the corridor” rather than monitoring her condition, and that a locked theatre room delayed Luke´s delivery – causing further birth complications. Due to the birth complications, Luke also suffers from asthma and will require surgery as he grows older and his muscles tighten. On her son´s behalf, Margaret claimed compensation for injuries due to birth complications against the HSE, and also her consultant obstetrician – David Mortell – for allegedly neglecting to discuss the risks associated with a vaginal birth when her first child had to be delivered by Caesarean Section in 2001. The HSE and the consultant obstetrician denied the allegations, but issued a statement expressing their regret that Luke had suffered such devastating birth injuries. On weighing up the facts supporting the denial of liability, Margaret´s solicitors recommended that she accept an interim offer of compensation for injuries due to birth complications without an admission of liability. Although not happy with the outcome, Margaret agreed to her solicitor´s recommendation and, when the subsequent court hearing was convened to approve the interim offer of compensation, Margaret told Mr Justice Michael Moriarty that she entrusted the court to make the right decision for Luke and his future. Judge Moriarty heard that the family were concerned that the €800,000 offer of interim compensation for injuries due to birth complications was not realistic and would not be sufficient to pay for Luke´s future care needs. However, he was also told that, if the case went to trial, the HSE and consultant obstetrician would testify that everything that could have been done in the circumstances was done. Mr Justice Michael Moriarty said that he believed Margaret´s solicitors had engaged in some “very hard bargaining” to obtain the offer of settlement, and ruled that it was in Luke´s best interests given the possibility that a full trial may have resulted in a successful defence. He approved the interim settlement of compensation for injuries due to birth complications, and adjourned the case for eight years when Luke´s future needs will be reassessed.

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Increase in Medical Negligence Claims against the HSE

The number of medical negligence claims against the HSE has almost doubled over the past five years according to figures released by the State Claims Agency. According to recently released data, 936 new medical negligence claims against the HSE were lodged with the High Court last year – almost double the number reported in 2010. In addition to these new cases, and 218 already lodged in 2015, the State Claims Agency is already dealing with more than 3,000 historical medical negligence claims against the HSE dating back to 2013 or earlier. The true number of medical negligence claims against the HSE is likely to be much higher than that reported by the State Claims Agency, as it fails to take into account proceedings issued in lower courts, public liability claims for accidents in hospitals and employer liability claims when medical staff are injured while working in Irish Hospitals. Issues with maternity services have recently come under the spotlight following the publication of the Hiqa report into failings at the Portlaoise Hospital. The damming report prompted HSE chief Tony O´Brien to call for a “clear-out of uncompassionate staff”, but Health Minister Leo Varadkar believes that a “wall of silence” is to blame for the spiralling increase in medical negligence claims against the HSE. Minister Varadkar said that an “open disclosure” initiative by the HSE and State Claims Agency – which was implemented to handle grievances by patients – was failing to work and, rather than being contained within a hospital, patients who had a negative experience were going to the courts to get answers to what went wrong because hospital management are failing to engage with them. The Minister added: “When something goes wrong, it’s OK to say that you’re sorry about what happened. It does not mean you’re accepting liability. There is a never a good reason to conceal the truth from a patient or their family once the facts are known. Aside from making sense from a human point of view, it’s the right thing to do financially”. The Department of Health is said to be drawing up legislation to underpin the policy of open disclosure in the Health Service and to enable healthcare employees to provide information to patients and their families without prejudicing any future medical negligence claims against the HSE.

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Compensation for Negligent Spinal Surgery Approved in Court

A settlement of compensation for negligent spinal surgery has been approved at the High Court in favour of a young woman from Dublin. On December 8th 2009, Emily Casey from Dalkey in Dublin was admitted to Our Lady´s Hospital for Sick Children having been diagnosed with scoliosis – the curvature of the spine. The condition was due to Emily having contracted meningitis when she was four years of age and only being able to walk thereafter with the help of a frame. An operation was scheduled in which a special screw – known as a pedicle – would be inserted to help adjust Emily´s spine and reverse the curvature; however, the screw was incorrectly inserted into her spinal cord and Emily was left paralysed from the chest down. Now 18 years of age, Emily is confined to a wheelchair and unable to live an independent life. Through her mother – Stephanie – Emily claimed compensation for negligent spinal surgery against Our Lady´s Hospital for Sick Children and the consultant orthopaedic surgeon whose care she had been under – Dr David Moore. The defendants refused to accept their joint liability for Emily´s injuries until Friday of last week; when an interim €1.668 million settlement of compensation for negligent spinal surgery was agreed. As the claim for negligent spinal surgery had been made on behalf of a minor, the case was presented to Mr Justice Kevin Cross at the High Court. After hearing that Emily had remained in hospital until April 2010, and was then transferred to the National Rehabilitation Centre for further treatment, Judge Cross said that he had no hesitation in approving the settlement. The judge then adjourned the case until later in the month for issues to be resolved which prevented the settlement from being a full settlement of compensation for negligent spinal surgery. Representatives of Our Lady´s Hospital are also preparing an apology, which will be read to the family in the High Court. Emily’s mother said the family, and especially Emily, were relieved that liability had been admitted. “Nobody would admit that a mistake had been made until last week” she said.

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Court Approves Interim Settlement of Compensation for Cerebral Palsy due to the Use of Syntocinon

The High Court has approved a €2.1 million interim settlement of compensation for cerebral palsy due to the use of Syntocinon in favour of a seven-year-old boy. Patrick Brannigan was born in poor condition by emergency Caesarean Section at the Cavan General Hospital on 20th July 2007. Prior to his delivery a cardiotocography (CTG) trace had shown signs of foetal distress and Patrick´s mother – Niamh – had been administered Syntocinon to accelerate her labour. However, rather than result in a healthy birth, the Syntocinon had the effect of starving Patrick of oxygen in the womb and he was born suffering from dyskinetic cerebral palsy. Now seven years of age, Patrick is confined to a wheelchair and has no means of communication. Through his mother, Patrick claimed compensation for cerebral palsy due to the use of Syntocinon – alleging that the drug should never be administered when there are signs of foetal distress. The claim also stated that Cavan General Hospital mismanaged his birth and there was a failure to monitor the baby while labour was in progress. Cavan General Hospital admitted that a “catalogue of errors” had resulted in Niamh and Patrick receiving a sub-standard level of healthcare. The hospital apologised to the family and an interim €2.1 million settlement of compensation for cerebral palsy due to the use of Syntocinon was agreed upon, subject to approval by a judge. Consequently at the High Court in Dublin, Mr Justice Kevin Cross was told the circumstances leading up to Patrick´s birth. He also heard that Patrick is a cheerful, good humoured boy who is cared for full-time by his parents. The judge approved the interim settlement of compensation for cerebral palsy due to the use of Syntocinon and adjourned the hearing for three years. In three years time, it is hoped that a periodic payment system is introduced so that awards to plaintiffs can be made more accurately and fairly. If no legislation is passed to allow for a periodic payment system, a final settlement of compensation for cerebral palsy due to the use of Syntocinon will be approved. For more information about Syntocinon and the birth injuries it can cause when administered incorrectly, please read Syntocinon Compensation Claims.

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Interim Settlement of Compensation for the Misdiagnosis of Meningitis Approved in Court

An interim settlement of compensation for the misdiagnosis of meningitis has been approved at the High Court in favour of a young boy who suffered devastating injuries due to medical negligence. On 27th May 2004, Matthew McGrath was referred to Wexford General Hospital at the age of 17 months when it was noticed that he was vomiting fluids and uncharacteristically drowsy. At the hospital Matthew was diagnosed with Haemophilus Influenza Type B and admitted into the special care baby unit. Overnight, Matthew´s condition deteriorated and he went into shock. Despite guidelines recommending against the procedure when a patient is in shock, a lumbar puncture was performed on Matthew to confirm a diagnosis of suspected meningitis. However, due to a compression of the spinal cord during the procedure, Matthew is now permanently paralysed. Haemophilus Influenza Type B is acknowledged to be an indicator of meningitis, and – had the correct diagnosis been made when Matthew was admitted – he could have been treated with antibiotics and fluids, and the lumbar puncture procedure would have been unnecessary. As a result of the hospital´s medical negligence, Matthew cannot move his arms or legs and relies on a ventilator to breathe. Once the correct diagnosis had been made, Matthew spent two years in hospital until his parents won a prolonged battle to care for him at home in Gorey, County Wexford. After seeking legal advice, Cathy McGrath made a claim for compensation for the misdiagnosis of meningitis on Matthew´s behalf against the HSE – alleging that, if her son had been correctly diagnosed at the time of his admission and treated with antibiotics and fluids, he would not have suffered such devastating injuries. Following an investigation into the claim, the HSE admitted liability for Matthew´s injuries and issued an apology to Matthew´s parents. An interim €3.7 million settlement of compensation for the misdiagnosis of meningitis was agreed, but the settlement first had to be approved by a judge before the claim could be resolved. Consequently, at the High Court in Dublin, Mr Justice Matthew Cross heard about the sequence of events that resulted in Matthew´s devastating injuries. At the end of the hearing, Judge Cross approved the interim settlement of compensation for the failure to diagnose meningitis, and adjourned the claim for five years in order that Matthew´s future needs can be assessed.

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State Claims Agency Calls for Guidelines to Prevent Future Syntocinon Compensation Claims

The State Claims Agency has called for national guidelines to be issued for the use of a birth-inducing drug to prevent future Syntocinon compensation claims. Syntocinon is the brand name of a synthetic drug (oxytocin) frequently used in maternity units to induce labour and accelerate contractions. For many women it speeds up the delivery process, helps the womb to contract after childbirth and prevents excessive bleeding. However, both mother and child have to be carefully monitored during the administration of the drug. Syntocinon can caused adverse reactions with other medication and escalate foetal distress when a baby is deprived of oxygen. Syntocinon is listed as one of ten “high-alert medications”, and has been identified as one of the causes for the death of four babies at the Portlaoise Hospital in the past six years. There have also been several Syntocinon compensation claims made against the HSE when children have survived foetal distress, but have been born suffering from cerebral palsy. One of the more recent Syntocinon compensation claims was heard at the High Court in February. It resulted in a three-year-old girl being awarded an interim settlement of €2.32 million due to a failure to monitor her heartbeat after Syntocinon had been administered to her mother. Lack of Consistency in Syntocinon Use A report recently released by the State Claims Agency – the agency that pays settlements of Syntocinon compensation claims – has shown an alarming lack of consistency in the way Syntocinon is used in maternity departments and how mothers and babies are monitored. The report revealed that one maternity unit had no guidance on the drug´s use; thirteen had dissimilar guidelines; six had introduced policies; five relied on protocols; three had developed procedures and one had a “checklist”. The State Claims Agency’s clinical risk adviser, Mary Godfrey, has said that national guidelines are required to improve outcomes for mothers and their babies, and to reduce the number of Syntocinon compensation claims made against the state. However Ms Godfrey neglected to comment on one area of the report which stated “No service obtains explicit written consent from women prior to starting them on the drug.” This is an important issue which needs to be addressed if the State Claims Agency wishes to reduce the number of Syntocinon compensation claims made against the HSE.

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Judge Calls for Periodic Payments for Medical Negligence Claims

Another High Court judge has added his voice to the calls for periodic payments for medical negligence claims to avoid errors in compensation payments. For many years, high-profile High Court judges have called for legislation to be passed in order to enable periodic payments for medical negligence claims. Mr Justice Iarfhlaith O’Neill, Mr Justice John Quirke and Ms Justice Mary Irvine have each expressed their frustration at the lack of a structured payment system which, they claim, results in awards of medical negligence compensation becoming a “lottery”. Inasmuch as reports are always compiled into a plaintiff´s future requirements and compensation awarded on the basis of “anticipated life expectancy”, the judges are conscious that a long-living plaintiff will find their settlements inadequate for their needs. There has also recently been a case in which a judge increased a settlement of medical negligence compensation to account for the decline in interest rates. Now Mr Justice Bernard Barton has added his voice to the calls for periodic payments for medical negligence claim,s after refusing an application by the National Maternity Hospital to award an interim payment of compensation to a child suffering from catastrophic birth injuries, and have the child´s needs reviewed again in ten years. The case is O’Neill vs National Maternity Hospital. Although the National Maternity Hospital has admitted negligence, the settlement of the claim is being delayed because the two parties cannot reach an agreement on how much medical negligence compensation the plaintiff is entitled to. Whereas some consensus of opinion has been reached in terms of general damages for pain and suffering, there is a wide difference between what the plaintiff´s counsel are claiming for the child´s future aids and appliances (€445,000) and what the National Maternity Hospital is prepared to pay (€37,000). Other areas of disagreement include future care and accommodation requirements and future loss of earnings, and the National Maternity Hospital argued that a ten-year adjournment of the case would help to resolve the areas of uncertainty. Mr Justice Barton agreed that the proposals was not without it attractions, as a more accurate settlement of medical negligence compensation would be more ascertainable by the time the injured girl reached the age of majority; however, the injured girl´s mother disagreed with the proposal – citing the psychological harm that her daughter might experience due to years of assessments. The judge said that in the absence of agreement between the parties, there were no exceptional circumstances that would make it permissible for the Court to intervene against the express wishes of the child’s mother. The judge dismissed the proposal by the National Maternity Hospital, saying that she had exercised her constitutional rights as part of the family unit under the Constitution, and that if a system of periodic payments for medical negligence claims was in place, this situation would not have arisen.

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Barrister Comments on Informed Consent in Medical Negligence Cases

Irish Barrister Doireann O’Mahony last week wrote an opinion piece for the Irish Times, in which she commented on informed consent in medical negligence cases. Doireann O´Mahony qualified as a Junior Counsel in 2012 and specialises in Medical Law. Her book “Medical Negligence and Childbirth” is due to be published later this year, and – due to her expertise in the area – Ms O´Mahony was the perfect legal professional to comment on a recent UK case in which a new benchmark was set on what constituted informed consent in medical negligence cases. The case in question was Montgomery vs Lanarkshire Health Board – a case that had been appealed to the Supreme Court in the UK, after the mother of a child who suffered avoidable birth injuries at Bellshill Maternity Hospital in 1999 had been denied compensation by both the Outer and Inner Houses of the Court of Session in Edinburgh. The mother – Nadine Montgomery – is petite in stature and suffers from Type 1 diabetes. Women who suffer from Type 1 diabetes are more likely to have larger babies and – prior to the birth of her son – Nadine had expressed concerns about being able to deliver her child safely. When her son – Sam – was born, his shoulder got trapped in the birth canal and he suffered shoulder dystocia as medical staff tried to free him. Due to the umbilical cord also being trapped, Sam was deprived of oxygen during his delivery and – in addition to sustaining a permanent brachial plexus injury during his birth – also suffers from cerebral palsy. Nadine Montgomery subsequently sued the Lanarkshire Health Board (now NHS Lanarkshire) on the grounds that she would have chosen a birth by Caesarean Section had the risk of shoulder dystocia in a natural birth been explained to her. During the Supreme Court hearing, Nadine´s consultant gynaecologist – Dr Dina McLellan – admitted that Nadine had repeatedly expressed concerns about giving birth naturally, but said that she had chosen not to explain the risk of shoulder dystocia because if she explained to diabetic women, they would all want it. Dr McLellan told the court that, in her view, it was “not in the maternal interests for women to have Caesarean Sections”. The seven Supreme Court judges unanimously disagreed with the consultant gynaecologist and said in their judgement that social and legal developments “point away from the relationship between the doctor and patient based on medical paternalism”. The judges ruled that a doctor has a duty of reasonable care to ensure that patient is aware of any material risks involved in any recommended treatment and that “it was incumbent on Dr McLellan to advise Mrs Montgomery of the risk of shoulder dystocia if she were to have her baby by vaginal delivery, and to discuss with her the alternative of delivery by caesarean section.” The Supreme Court awarded Nadine £5.25 million compensation for the birth injuries that her son had sustained during his delivery, and said it would be a mistake to view patients in the modern world as “uninformed, incapable of understanding medical matters or wholly dependent upon a flow of information from doctors” – effectively moving the goalposts in respect of informed consent from the “doctor-knows-best professional standard test” to a “reasonable patient test”. Implications for Informed Consent in Medical Negligence Cases in Ireland Doireann O´Mahony welcomed the judgement of the UK Supreme Court and the implications for informed consent in medical negligence cases in Ireland. Ms O´Mahony commented that a patient-centred approach to the issue of informed consent has been adopted in virtually every major common law jurisdiction – including the United States, Canada and Australia. A patient-centred approach to informed consent in medical negligence cases has twice been the preferable test to resolve medical negligence claims in Ireland – in Geoghegan vs Harris (2000) and in Fitzpatrick vs White (2007). Interestingly, in both cases the presiding judge was Mr Justice Nicholas Kearns, who took the opinion that medical professional had a duty of care to impart certain information regarding risks, where those risks were likely to be relevant in the eyes of a reasonable patient. Although the two cases mentioned above were in respect of dental medical negligence and eye surgery medical negligence, Ms O´Mahony compared the two cases to the rights of a pregnant woman prior to and during childbirth. She wrote: A pregnant woman must be given sufficient understanding to enable her to make a choice in circumstances where she is free to exercise choice. That is what consent is all about and pregnancy is a particularly powerful demonstration of it. Once pregnant, there are only two possibilities, vaginal birth or Caesarean section. There is no third alternative. While most doctors are meticulous in obtaining “consent” for operative intervention, they seem to have little appreciation of the need, equally great, for proper consent to the non-surgical alternative. Ms O´Mahony concluded her article on informed consent in medical negligence cases by saying that a professional standard test has no place in the 21st century when it comes to childbirth. She welcomed the move away from a paternalistic philosophy in Ireland, and set a question for those who opposed to the reasonable patient test – “what risks of elective Caesarean section could outweigh the known risk, in any particular case of vaginal delivery?”

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Judge Approves Settlement of Claim for a Failure to Treat

A claim for a failure to treat the mother of a brain damaged girl has been resolved in the High Court after a judge approved a €2.6 million compensation settlement. Caoimhe Flood (8) was born at the Rotunda Hospital in Dublin in April 2006, suffering from cerebral palsy after an alleged failure to treat her mother – Marlis – who had a history of ante partum haemorrhage associated with abdominal pain. Marlis had attended the Rotunda Hospital on a regular basis from February onwards, and was an inpatient from March 30th to April 2nd because of her abdominal pain. On April 3rd Marlis returned to the hospital for a scan and complained of other symptoms. It was alleged that the scan was not performed and that Marlis was discharged home. However, the following day Marlis again returned to the hospital with increasing abdominal pain. An examination revealed that she was dilated, and Caoimhe was born later that evening – after what Marlis considered to be an avoidable delay. After her daughter was born, Marlis made a claim for a failure to treat on Caoimhe´s behalf – alleging that the little girl´s birth injuries could have been avoided if the hospital had responded appropriately to her history of ante partum haemorrhage and abdominal pain. The allegations were denied by the Rotunda Hospital; but, in 2012, the hospital agreed to a €1.3 million interim settlement of compensation for a failure to treat without an admission of liability. This week, the claim for a failure to treat was back at the High Court again for a final settlement to be approved. At the hearing Mr Justice Bernard Barton heard how Caoimhe had to be fed via a tube during the first year of her life and now needs full time care as she is a spastic quadriplegic. Approving a final settlement of €2.6 million, the judge said that he was very relieved for the Flood family that the claim for a failure to treat had finally and completely been resolved.

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Court Hears of Cerebral Palsy Medical Negligence at Kerry General Hospital

The High Court has approved an interim settlement of compensation for a three year old girl after hearing of cerebral palsy medical negligence at Kerry General Hospital. Skye Worthington (now 3 years old) was born at the Kerry General Hospital on 22nd April 2011, after her mother – Colleen – had been given syntocinon to speed up her labour. Although the syntocinon resulted in Colleen´s contractions accelerating, a prolonged deceleration of Skye´s heartbeat in the womb was ignored. Skye – from Castlegregory in County Kerry – sustained brain damage due to a lack of oxygen in the womb and now suffers from cerebral palsy. She has to be fed through a tube, has difficulty sitting still, and can only communicate by using her eyes. A review of the management of Skye´s birth found that if she had been born just fifteen minutes earlier, she would not have suffered the devastating injuries. On her daughter´s behalf, Colleen made a claim for compensation against the HSE – alleging cerebral palsy medical negligence at Kerry General Hospital. The HSE acknowledged that errors had been made in the management of Skye´s birth and an interim settlement of €2.32 million compensation was arranged while an assessment takes place to consider Skye´s future requirements. At the High Court, Skye´s parents were read a statement in which the HSE and Kerry General Hospital apologised unreservedly for the errors in the management of Skye´s birth. The statement also said that lessons had been learned from a review of Skye´s birth in which her parents had participated, which had helped clarify a number of important issues. Mr Justice Kevin Cross described the apology as “out of the ordinary” and explained to Skye´s parents that the interim settlement of compensation for cerebral palsy medical negligence at Kerry General Hospital was for the next three years. Once the assessment of Skye´s future requirements had been concluded, the family would have the option of annual periodic payments subject to legislation being passed, or take a lump sum payment in final settlement of Skye´s hospital negligence claim.

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Settlement of Compensation for Erb´s Palsy Approved

A €250,000 settlement of compensation for Erb´s Palsy has been approved in the High Court in favour of an eleven-year-old girl. Keelan Murray from Newtownmountkennedy in County Wicklow was born at the National Maternity Hospital in January 2004. During her delivery, Keelan was identified as having shoulder dystocia – an obstetric emergency in which the shoulders fail to clear the pubic symphysis – which can lead to damage to the brachial plexus nerves if excessive force is used to extract the shoulders. Damaged brachial plexus nerves can heal themselves over a period of time but, as in Keelan´s case, sometimes the damage is permanent – a condition known as Erb´s Palsy. Now eleven years of age, Keelan is unable to fully use her right arm due to nerve damage she sustained during her delivery and has had to adapt to writing with her left hand. An operation to repair the damage in 2012 failed to improve her condition and through her mother – Sharon – Keelan made a claim for compensation for Erb´s Palsy against the hospital. In her legal action Keelan alleged that traction was incorrectly applied to facilitate her delivery despite shoulder dystocia having been diagnosed. The National Maternity Hospital denied that Keelan´s condition had been caused by medical negligence but an offer of compensation for Erb´s Palsy amounting to €250,000 was made without admission of liability. As Keelan is still a legal minor, the offer had to be approved by a judge before the settlement could be accepted. Consequently, at the High Court, Mr Justice Kevin Cross was told how Keelan is a bright young girl who still manages to participate in sports despite her disability. The judge said that it would be prudent to accept the offer of compensation for Erb´s Palsy in the circumstances and approved the settlement – wishing Keelan well for the future.

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Trial Proposed to Reduce Cost of Medical Negligence Compensation Claims in Ireland

The Medical Protection Society has proposed a trial “pre-action protocol” with which it aims to reduce the cost of medical negligence compensation claims in Ireland. The Medical Protection Society (MPS) is an organisation that provides legal help to medical professionals from consultants to dental assistants. Its “pre-trial protocol” is a voluntary process which aims to increase transparency and openness between lawyers representing parties in a claim for medical negligence compensation, so that claims can be resolved quicker and the costs of medical negligence compensation claims in Ireland can be reduced. Due to the expense involved in litigating medical negligence compensation claims in Ireland some plaintiffs never recover the compensation they are entitled to. The MPS hopes that – with the opportunity for medical negligence claims to be investigated and resolved before litigation is necessary – the protocol should reduce the cost of medical negligence compensation claims due to using mediation to settle claims quicker in a less adversarial environment. Emma Hallinan – Director of Claims at MPS – 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.” A similar protocol currently exists in England and Wales which penalises solicitors who do not attempt a resolution by mediation before taking a claim to litigation. During the proposed trial of the “pre-action protocol”, a tariff of general damages would provide a scale of compensation values for specific physical injuries caused by medical negligence. This is not dissimilar to the Injuries Board´s “Book of Quantum” or the UK´s Judicial College “Guidelines for the Assessment of General Damages in Personal Injury Cases.” General damages for psychological trauma and loss of amenity would still have to be resolved by negotiation as would special damages for the financial implications of medical negligence – but many people looking at the MPS´s “pre-action protocol” proposals agree that it is a positive step towards reducing the cost of medical negligence compensation claims in Ireland.

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Interim Settlement of Compensation for Birth Injuries Approved at High Court

A third interim settlement of compensation for birth injuries has been approved at the High Court after the judge turned down a request for a full payment to be made. Nineteen-year-old Connor Corroon from Mallow in County Cork was born on February 6th 1995 at the Cork City General Hospital after being starved of oxygen in the womb. As a result of the hospital´s negligence, Connor is now permanently disabled with cerebral palsy, cannot speak and is confined to a wheelchair. In 2010, Connor made a claim for compensation for birth injuries through his mother – Judith Corroon. The Cork City General Hospital acknowledged its liability for his injuries and an interim settlement of €1.6 million was approved pending the introduction of structured payment legislation. Connor´s was the first case to be dealt with in this way. Last year Connor received a second interim settlement of compensation for birth injuries claim amounting to €475,000 and was due to receive a third payment. On Connor´s behalf, his mother appealed to the High Court that this third interim settlement of compensation for birth injuries should be a full and final payment. Mrs Corroon explained to Mr Justice Bernard Barton at the High Court that Connor has to undergo a series of assessments each time he re-appears in court and she wanted her son to be able to get on with his life and go to college. Under the current arrangement, Connor has undergone more than twenty assessments each time an interim payment is due. Judge Barton turned down the request for a full settlement of compensation – stating that it would be catastrophic for Connor if the court were to approve a final settlement and the money run out later in his life. He also explained that he had recently received a consultation paper relating to the proposed Civil Liability (Amendment) Bill that aims to introduce periodic payments system next year. After hearing that the family had agreed to another interim settlement of compensation for birth injuries, the judge approved an interim settlement of €1.45 million and adjourned Connor´s case for a further five years.

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IHCA Claims Health Service Funding Crisis Increasing Risk of Hospital Deaths

A warning that the health service funding crisis is increasing the risk of hospital deaths has been made by the President of the Irish Hospital Consultants Association at its annual conference in Cork. Dr Gerard Crotty was addressing delegates at the Irish Hospital Consultants Association AGM when he said that patients were almost certainly dying unnecessarily in Irish hospitals while waiting for a hospital bed. He used figures from international studies to highlight a 30 percent increase in hospital deaths when patients are left waiting on trolleys after being admitted to hospital. Dr Crotty told delegates that he feared what will happen during the winter months; pointing out that there had been a substantial decline in day case patients while hospital beds were being allocated to emergency cases. He said that years of “easy cost-saving measures” was the cause of the health service funding crisis, and that the health service in Ireland was now showing the strain. Referring to the health service as being in “intensive care”, Dr Crotty forecast that there would be a patient safety crisis unless the Government significantly increased funding for frontline health services. He called for a realistic budget – rather than a token gesture by the Government – in order to deliver safe, high quality care to patients without the unacceptable delays which are currently being experienced. During his speech, Dr Crotty also touched upon the acknowledgement by Health Minister Leo Varadkar that the 30 percent pay cut for new entrant consultants had been a mistake. Dr Cotty claimed that it had done nothing to alleviate the health service funding crisis and that it had reduced the attractiveness of senior medical positions. He called upon the Health Minister to completely reverse the 30 percent pay cut to halt the flow of newly graduating doctors taking positions overseas. Delegates at the conference also heard their General Secretary – Martin Varley – announce that a number of consultants had taken legal action against the Department of Health to recover the pay rises they were promised in 2008. Under the agreements – Mr Varley told delegates – consultants were due pay rises from €175,000 to €240,000, but the increases failed to materialise when the economic crisis developed and the Department of Health prioritised other areas of the health service.

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Settlement of Child´s Cerebral Palsy Claim for Compensation Approved at the High Court

The settlement of a child´s cerebral palsy claim for compensation has been approved at the High Court despite questions over liability. Emma O´Donnell was born at the National Maternity Hospital in Dublin on 9th June 1998. Six hours after her suction birth, Emma turned blue and started to have seizures. She was diagnosed with cerebral palsy and now requires full-time care due an intellectual disability and behavioural problems, Emma (now 16 years of age) has been cared for by her father – James Forde from Aklow in County Wicklow – since her mother was diagnosed with a significant bi-polar condition and institutionalised in 2007. James gave up his job to look after his daughter and has been her full-time carer ever since. James made a child´s cerebral palsy claim for compensation on his daughter´s behalf, but encountered difficulties finding a link between the treatment Emma had received at the National Maternity Hospital before and after her birth, and the cerebral palsy. Solicitors working on Emma´s behalf attempted to recover €9 million in compensation from the hospital and Health Service Executive (HSE); but a value of €6 million was placed on the claim by the HSE – and only then if full proof of negligence could be established. Eventually a compromise was agreed without admission of liability in which the child´s cerebral palsy claim for compensation would be settled for €3 million subject to the approval of a judge. Consequently, Mr Justice Nicholas Kearns at the High Court in Dublin heard the tragic case of Emma´s birth and her life to date. He was told that the compensation claim had been brought so late in Emma´s life due to the difficulty of establishing liability and that the hospital had provided a letter of consent to settle the claim for €3 million. Having reviewed the case, Judge Kearns agreed with Emma´s solicitors that it would be difficult to establish full proof of negligence if the case went to a full hearing, and he approved the settlement of the child´s cerebral palsy claim for compensation – describing the care that had been provided by James for Emma as “heroic”.

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Personal Injury Claim for Adverse Reaction to Medication Given Green Light

A woman´s personal injury claim for an adverse reaction to medication has been given the green light to be heard in the High Court later this year. Lorna Savage from Cobh in County Cork was granted permission to pursue her personal injury claim for an adverse reaction to medication after a High Court hearing in which the pharmaceuticals company – Pfizer – had applied for the case to be struck out on the grounds of “an inordinate and inexcusable delay” in bringing her claim. Mr Justice George Birmingham at the High Court dismissed the application after hearing how Lorna (now 43 years of age) had started taking the steroid Deltacortril in 1997 to treat vasculitis – a condition in which the blood vessels are damaged and cause an irritable rash. Judge Birmingham was told that within a few years of taking the medication, Lorna had developed Avascular Necrosis – a rare but established side effect of Deltacortril, which interrupts the passage of blood to the bones, causing the bone tissue to die and the bone collapse. By 2001 – at the age of 31 – Lorna had to have both knees and a hip joint replaced, and her condition has deteriorated to such an extent that she is now confined to a wheelchair and has to take morphine to manage the ongoing pain she suffers. After seeking legal advice, Lorna made a personal injury claim for an adverse reaction to medication against the estate of GP Dr. Michael Madigan and her consultant Dr. MG Molloy – who both prescribed the medication to her – and Pfizer, the manufacturer of the steroid. In her action against the two doctors, Lorna alleged that they had both acted negligently by prescribing the medication for her, failing to investigate her symptoms thoroughly, and failing to identify that she was developing Avascular Necrosis. Lorna also claimed that Pfizer had failed to provide adequate warning in the literature accompanying the Deltacortril tablets that their continued use could cause Avascular Necrosis, and that there was no warning advising against the drinking of alcohol while taking the tablets. The estate of Dr Madigan (who died in 1999), the HSE (of behalf of Dr Molloy who was employed by Cork University Hospital) and Pfizer each deny their liability for Lorna´s adverse reaction and, in a pretrial motion, lawyers representing Pfizer attempted to get Lorna´s personal injury claim for an adverse reaction to medication thrown out on the grounds of “an inordinate and inexcusable delay” in bringing her claim to court. However, Mr Justice George Birmingham dismissed the application – finding that the time that had elapsed was excusable due to Lorna having recently undergone multiple surgeries after which she had been unable to brief her solicitors. The judge said that the case would be listed for a full court hearing later in the year.

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Compensation Claim for Delayed Operation that Resulted in Death of Wife Resolved after High Court Hearing

A widower´s compensation claim for a delayed operation that resulted in the death of his wife has been resolved at the High Court after a settlement of €165,000 was approved. Helen Malone from Carlow Town died at St Luke´s General Hospital in Kilkenny on 12th January 2006 four days after she had undergone surgery for a bowel problem. The cause of death was recorded as systemic sepsis and multiple organ failure due to a bowel failure, and a subsequent investigation into her death determined that, had Helen undergone the operation earlier, there was a strong likelihood that she would have survived. Helen´s widower – Patrick – made a claim for a delayed operation that resulted in the death of his wife against consultant doctor George Nessim and the HSE on the grounds that the avoidable loss of his wife had caused great mental distress to himself and Helen´s six adult children. Despite the Irish Medical Council finding Dr. Nessim guilty on four charges of professional misconduct, the HSE denied its liability for Helen´s death and court proceedings were issued. It was only as the scheduled date of the court hearing drew closer that the HSE finally agreed to settle Patrick´s claim, but due to the nature of Helen´s death, the €165,000 settlement of compensation for a delayed operation first had to be approved by a judge. After being postponed on five separate occasions, the circumstances of Helen´s wrongful death were related to Mr Justice Ryan at the High Court. Judge Ryan and members of the Malone family heard an apology read to them on behalf of the HSE in which the Executive apologised for the failings in treatment and care that were afforded to Helen. The HSE also acknowledged that the treatment provided for Helen did not meet the appropriate standard of care, which led to a series of events “giving rise to her untimely death”. Judge Ryan commended the two parties for settling a “difficult, painful and tragic case” and, noting that the settlement of compensation for a delayed operation that resulted in a death did not include aggravated damages, he approved the €165,000 settlement.

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Lack of Periodic Payments Frustrates Judge in Obstetrician Negligence Claim

A High Court judge displayed her frustration at the failure of Ministers to introduce periodic payments when approving a second interim payment of compensation in part-settlement of an obstetrician negligence claim. Ms Justice Mary Irvine has many times called for legislation to be passed so that periodic payments can be awarded to claimants with catastrophic life-long injuries and, at the High Court in Dublin, the judge once again displayed her frustration at not being able to approve a structured settlement in the case of Luke Miggin – an eight-year-old boy who suffered severe brain damage prior to his birth due to the negligence of his mother´s consultant obstetrician. Luke was born at the Mullingar General Hospital on 26th February 2006 after consultant obstetrician Michael Gannon had failed to act on CTG traces taken throughout the day which showed a deceleration of the foetal heart rate. Luke´s delivery was delayed several hours longer than would reasonably be expected, and when he was born needed resuscitation and was transferred to the special care baby unit. Because he was starved of oxygen in the womb, Luke now suffers from cerebral palsy, is unable to walk and requires around-the-clock attention. Through his mother – Emily Miggin of Athboy, County Meath – Luke made an obstetrician negligence claim for compensation, and in 2010 Dr Gannon and the Health Service Executive admitted liability. In January 2011, an interim settlement of compensation amounting to €1.35 million was approved by Mr Justice John Quirke, and Luke´s obstetrician negligence claim adjourned for three years to allow time for a periodic payment system to be introduced. However, with no such structured compensation system yet in place, Emily Miggin returned to the High Court to have a second interim payment of compensation approved by Ms Justice Mary Irvine. Judge Irvine commended Emily for her patience and commented that ongoing litigation prevents families such as the Miggins from getting on with their lives. She apologised for her frustration at not being able to approve a structure settlement and criticised successive Ministers of Justice for failing to deliver on their promises of a periodic payment system. Judge Irvine then approved the €580,000 interim settlement of compensation and adjourned Luke´s obstetrician negligence claim for a further three years, when the family will have to have Luke´s future needs re-assessed and return to court once again.

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Judge Grants Permission for Hospital Wrongful Death Claim to Proceed

A High Court judge has granted permission for a widower to proceed with a hospital wrongful death claim for compensation after the HSE used the Statute of Limitations to contest its legality. Dolores Hewitt from Navan in County Meath had been on a monitoring regime at Our Lady´s Hospital in Navan after making a full recovery from breast cancer in 2001. In February 2007, an ultrasound examination discovered two cancerous lesions on her liver, but no immediate action was taken. Some five months later, a chance meeting between Dolores and her surgeon led to further scans being performed. The second series of scans showed further lesions on her liver, and Dolores started a new course of treatment but unfortunately died in June 2010. In January 2012, Dolores´ widowed husband – Joseph Hewitt – made a compensation claim against the Health Service Executive (HSE) for Our Lady´s Hospital failing to act on the scan results in February 2007. In his action he claimed that that Our Lady´s Hospital had been negligent by not responding to the early indicators of cancer. He also claimed compensation for Dolores´ “wrongful death”. The HSE contested the hospital wrongful death claim on the grounds that the alleged failure to act occurred in 2007, and therefore a claim made in 2012 was outside of the two years Statute of Limitations. The HSE applied for the case to be dismissed, but Joseph opposed the application and the case went before Ms Justice Marie Baker at the High Court. In the High Court, Judge Baker said that the HSE was correct that Joseph was outside the Statute of Limitations to claim compensation for the hospital´s failure to act in respect of the alleged negligence that occurred in 2007, but was within the allowed time period to make a hospital wrongful death claim for compensation, as the claim had been initiated nineteen months after Dolores had died.

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Woman Deaf Due to Medical Negligence has Compensation Settlement Approved in Court

An 18-year-old woman, who is allegedly deaf due to medical negligence, has had a €5 million settlement of compensation approved at the High Court. Laura Kavanagh from Newtownmountkennedy in County Wicklow contracted meningitis when she was thirteen months old, and an alleged failure by her family GPs to attend her in good time resulted in Laura permanently losing her hearing. At the High Court, Ms Justice Mary Irvine heard how Laura´s mother – Simone – had telephoned Dr Frank Malone´s surgery in Greystones in County Wicklow on 29th January 1998 to say that Laura had become ill with a high temperature, was lethargic and had severe fatigue. When Laura´s condition worsened, Simone Kavanagh rang the surgery again and spoke with Dr Malone´s partner – Dr Paul Crean. Dr Crean said he would make a house call after surgery and – 3½ hours later – he examined Laura and diagnosed a bowel infection. The following day, Simone Kavanagh called the surgery again to request another visit as her daughter was no better. She was told that it would be at least three hours before a doctor could attend Laura, but when Laura showed signs of improvement, Simone cancelled the house call. However, Laura´s condition deteriorated once again and, on 31st January 1998, an on-call doctor visited the Kavanagh´s home and immediately admitted Laura to hospital, where she was diagnosed with severe meningitis. The court heard that Laura lost her hearing due to the illness and now communicates through sign language and some lip reading, but has a moderate intellectual disability. Through her mother Laura made a compensation claim for being deaf due to medical negligence, alleging that there had been a failure to ensure proper care and continuity of care and a failure to attend Laura in good time. It was further alleged there had been a failure by Dr Crean to diagnose meningitis or alternatively an alleged failure to attach due weight or concern to Laura´s condition and symptoms. The claim for being deaf due to medical negligence was denied by the two doctors but, as Ms Justice Mary Irvine was told, and a settlement of €5 million compensation had been agreed without admission of liability. The judge approved the settlement, commenting that money would never give Laura the life she was meant to have.

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Family to Receive Wrongful Death Compensation for the Misdiagnosis of Cancer

A bereaved family is to receive €62,500 wrongful death compensation for the misdiagnosis of cancer after an apology was read out at the High Court. The family of thirty-one year old Sharon McEneaney – who died from a cancerous tumour in her abdomen in April 2009 – was assembled in the High Court earlier this week to hear an apology read to them by a representative of Our Lady of Lourdes Hospital in Drogheda, were Sharon first went in October 2007 complaining of a pain in her abdomen. The court heard how Dr Etop Samson Akpan failed to consider the possibility of a tumour, and it was not until June 2008 – after the intervention of former TD Dr Rory O´Hanlon – that a biopsy was conducted which revealed the presence of cancer. By then the cancer had advanced beyond the stage at which it could be treated, and Sharon died ten months later. An investigation into Sharon´s death conducted by the Health Service Executive (HSE) resulted in thirty-eight separate recommendations being made to prevent the misdiagnosis of cancer happening again at Our Lady of Lourdes Hospital, while a hearing of the Medical Council of Ireland´s Fitness to Practise Committee found Dr Akpan guilty of a poor professional performance in January 2012. At the High Court, Margaret Swords – the General Manager of the Louth & Meath Hospital Group – read an apology to Sharon´s family, admitting that the hospital had failed Sharon and that Our Lady of Lourdes Hospital was making progress in implementing the changes recommended by the HSE´s report. The court also heard that a settlement of wrongful death compensation for the misdiagnosis of cancer had been agreed amounting to €62,500. Ms Justice Mary Irvine was told that the settlement of wrongful death compensation for the misdiagnosis of cancer will be divided between Sharon´s mother – June McEneany from Carrickmacross in County Monaghan – and Sharon´s four siblings after €10,000 has been set aside to cover funeral expenses and other costs related to Sharon´s death. The judge commended the McEneaney family for their “courage and tenacity” through the inquest into Sharon´s death and while ensuring the changes at Our Lady of Lourdes Hospital were implemented. “You have shown marvellous fortitude in the face of such a loss,” she commented before closing the hearing.

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Dental Complaints Resolution Service Resolves Woman´s Claim for Negligent Dentistry

The Dental Complaints Resolution Service has successfully resolved a woman´s claim for negligent dentistry and secured her €40,000 compensation. The woman – only identified as living in the east of the country – was featured in the Dental Complaints Resolution Service Annual Report as one of 130 grievances the service received from dental patients in Ireland. According to the report, the woman had attended her dentist twice a year since 1993 and believed that her teeth were in good health. However, when she visited a cosmetic dentist last year, the woman was told that her gums were not in a good state and she would need remedial work before implants could be fitted. The woman had to undergo specialist treatment from a periodontist to reverse the damage to her gums – which was both expensive and painful – and she subsequently wrote a letter of complaint to her regular dentist which went unanswered. The patient then contacted the Dental Complaints Resolution Service, who mediated on her behalf to secure a compensation settlement of €40,000 to resolve her claim for negligent dentistry. However, the compensation settlement only covered a refund of the money she had paid for dental treatment over the past ten years, the cost treatment to her gums and the dental implants, and an amount to pay for check-ups over the next ten years. Although the complaint to the Dental Complaints Resolution Service and claim for negligent dentistry was resolved satisfactorily, the settlement failed to take into account the pain and suffering the woman had experienced during the remedial treatment, and the emotional trauma that accompanied ongoing and extensive treatment. If you believe that you have been the victim of negligent dentistry, it is always in your best interests to discuss the nature of your injury with a medical negligence solicitor before accepting any other resolution to your potential claim for injury compensation.

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Court Approves Settlement of Missed Diagnosis Compensation for Special Athlete

A High Court judge has approved a settlement of missed diagnosis compensation for an athlete who had been hoping to compete in the Special Olympics. The Special Olympics is the world’s largest sports organization for children and adults with intellectual disabilities, and every two years a Special Olympics World Games takes place which attracts tens of thousands of competitors from all over the world. In May 2009, Amy Rose McGowan from Trim in County Meath was in training for the Special Olympics that were to take place in Athens in the summer of 2011. Unfortunately, while competing in a 50 metre sprint race, Amy Rose fell and hurt her knee. She was taken to Our Lady´s Hospital in Navan, County Meath, where doctors diagnosed a soft tissue injury and strapped her knee for support. However, a few months later Amy Rose attended her GP complaining of a pain in her knee. It was only then that a depressed fracture was discovered – too late for corrective intervention or an operation to break and reset the bone – and due to the oversight of the doctors at Our Lady´s Hospital, it is likely that Amy Rose will need knee replacements in the future. Because of her intellectual disability, Amy Rose made a claim for missed diagnosis compensation against the Health Service Executive (HSE) through her mother – Collette McGowan. After an investigation, the HSE acknowledged that a mistake had been made and admitted liability for Amy Roses´ knee injury. A settlement of missed diagnosis compensation amounting to €142,000 was agreed between the two parties; but, as the claim had been made on behalf of Amy Rose because of her intellectual disability, the settlement had to be approved in court. Consequently, at the High Court in Dublin, Mr Justice Michael Peart was told of how Amy Rose had previously won 34 medals and 10 trophies in athletics and swimming before her accident. Approving the settlement the judge said that he was “very impressed and full of admiration” for Amy Rose and that it was a pity her athletics career had been cut short.

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Interim Settlement of Compensation for Cerebral Palsy due to a Delayed Delivery Approved in Court

The High Court has approved an interim settlement of compensation for cerebral palsy due to a delayed delivery in favour of a teenage girl who delayed delivery resulted in her sustaining life-long injuries. Mary Malee was born by emergency Caesarean section at the Mayo General Hospital on October 11th 1999, after there had been a delay in finding a consultant gynaecologist to assist with the delivery. As a result of the hospital´s alleged negligence, Mary was born with cerebral palsy and is now confined to a wheelchair. Through her mother – Maura Malee of Swinford, County Mayo – Mary made a compensation claim for cerebral palsy due to a delayed delivery against the hospital and Health Service Executive (HSE), alleging that there had been a failure to intervene and conduct a Caesarean section in a timely manner, and a failure to ensure the presence of a paediatrician when it was known that the foetus was suffering distress and likely to need resuscitation. Mayo General Hospital and the HSE both denied their liability for Mary´s birth injuries; but, at the High Court in Dublin, Ms Justice Mary Irvine heard that an interim settlement of compensation for cerebral palsy due to a delayed delivery had been agreed amounting to €1.5 million, with a further assessment to be conducted within two years. The judge also heard that Mary was Maura Malee´s fourth child, and that Maura had attended the consultant gynaecologist who had delivered her three previous children several days before Mary was born. The gynaecologist had told Maura that he would not be able to attend her at Mary´s delivery as he was about to start treatment for cancer, but would make arrangements for her to be transferred to the care of another consultant. Maura saw her GP the following day and was told to go to hospital immediately as she was exhibiting symptoms of pre-eclampsia. She was transferred to the labour ward and underwent a CTG shortly before 6.00am which showed a series of decelerations and a consultant was called. When he arrived at shortly before 7.00am, there was an alleged failure to communicate the severity of Maura´s condition and the Caesarean operation did not take place until after 7.20am. . In court, Mary´s legal representatives stated that had it been possible to commence the birth earlier Mary´s injuries could have been avoided and, after a statement had been read out by Mary (14) in which she commented “It would have been appreciated had the HSE/Mayo General Hospital said they were sorry”, Judge Irvine approved the interim settlement of compensation for cerebral palsy due to a delayed delivery and adjourned the hearing.

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Man to Receive Compensation for Injuries Caused by Excessive Force at Birth

A man from South Wales is to receive compensation for injuries caused by excessive force at his birth which left him with a permanently paralysed left arm. Jamie Lewis from Blackwood, Caerphilly, was delivered at the Royal Gwent Hospital in Newport in 1991 suffering from nerve damage in his neck after the delivery team at his birth had used excessive force to free him when he became trapped in the birth canal. Suffering injuries similar to brachial plexus damage, Jamie grew up unable to use his left arm and hand and was unable to pursue the activities of his peers which made him a target for bullying and hindered his social development. When Jamie was four years of age, his mother – Cheryl Lewis-Thomas – attempted to make a claim for injuries caused by excessive force at birth, but the solicitor she approached at the time declined to take the case and Cheryl dropped her action against the local health board. Cheryl was encouraged to pursue compensation for injuries caused by excessive force at birth once again; and, when Jamie was eighteen years of age, he made a claim against the Aneurin Bevan University Health Board – which had taken over responsibility for healthcare at the Royal Gwent Hospital. Jamie spoke with a solicitor who this time believed that he had a viable claim, and the solicitor argued successfully that the delivery team when Jamie was born had failed to follow the correct procedures after Jamie had become trapped in the birth canal. The Aneurin Bevan University Health Board accepted liability for Jamie´s arm paralysis due to the negligent actions used to free him at the time, and an out of court settlement of compensation for injuries caused by excessive force at birth was agreed for Jamie (now twenty-three years of age) amounting to £450,000.

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Claim for Wrong Test Result Compensation Still Unresolved

A Dublin woman will have to wait to discover whether her claim for wrong test result compensation will be successful, after a judgement was reserved on her High Court case. On 17th August 2010, thirty-five year old Michelle Kenny attended St James Hospital in Dublin due to feeling unwell after a holiday in Majorca. At the hospital she underwent a chest x-ray and an ECG, which led doctors to believe that Michelle might have a blood clot on her lung and she was subsequently admitted. Following her discharge a week later, Michelle attended the hospital´s Outpatients Clinic on October 6th; where she underwent a blood test for tuberculosis and was asked if she would consent to a test for HIV.  Michelle agreed, and the following week the hospital rang her with the blood test results. After explaining that there was no indication of tuberculosis, the hospital told Michelle that it appeared she was positive for HIV. Michelle was devastated and believed she was going to die. Three further blood tests indicated that she did not have the virus but, according to court papers, she suffered a nervous shock. Michelle withdrew from her social environment and, after it had been discovered that she had been given the results of somebody else´s blood test in error, contacted a solicitor to see if she was entitled to claim compensation for being given the wrong test results. The solicitor agreed that Michelle had a case worth pursuing, and on her behalf made a claim for wrong test result compensation against St James Hospital. The hospital contested the claim on the grounds that Michelle had suffered no loss or injury as a result of the error, and the case went before Ms Justice Bronagh O’Hanlon at the High Court. At the High Court, the judge heard how distressed Michelle had been after being told her blood tests indicated that she was HIV positive, and also evidence from St James hospital that the error had been identified quickly and that Michelle had been advised of the mistake straight away. Judge O´Hanlon decided that she needed more time to consider the merits of Michelle´s claim for wrong test result compensation and reserved judgement on the claim for a future date yet to be determined.

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Counsel tells Court HSE Should Apologise for Cerebral Palsy Negligence

The High Court has heard calls for the HSE to apologise for the cerebral palsy negligence that led to a young girl being traumatised at birth and suffering permanent injuries. Grace Orchard from Carrigaline in County Cork was born at St Finbarr´s Maternity Hospital on 23rd February 2006 after her mother had been administered syntocinon to help speed up her contractions. According to the evidence provided at the High Court in Dublin, the drug had been administered inappropriately and, as a result, Grace was delivered by forceps after four previous attempts to bring her into the world – including one using a vacuum cup – had failed. Grace had to be resuscitated after her delivery, and was badly bruised due to the trauma she had experienced. She was subsequently diagnosed with dyskinetic cerebral palsy which – according to counsel – was attributable to “appalling poor handling” by hospital staff during her delivery. Describing the circumstances of Grace´s birth as a “tragedy”, Grace´s counsel told Mr Justice Daniel Herbert at the High Court that Grace had been left in a catastrophic position and that the HSE should apologise for the cerebral palsy negligence. The Court heard that Grace´s family did everything they could for her during her early years – including taking her to a specialist centre in New York for physiotherapy – and that Grace had been accepted into mainstream school, but the services available to her are being reduced due to cut-backs. Through her mother – Deidre O´Callaghan – Grace made a compensation claim for cerebral palsy negligence against St Finbarr´s Hospital and the Health Service Executive (HSE); and the HSE admitted liability two weeks before the court hearing was scheduled to commence. Consequently the case continues for the assessment of damages only.

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Judge Approves Settlement of Compensation for Failure to Act at Birth

A High Court judge has approved a settlement of compensation for a failure to act at birth which resulted in a child suffering serious brain injuries. At the High Court in Dublin, Ms Justice Mary Irvine heard how Katie Martin from Trim in County Meath was born at the Coombe Hospital on November 9th 2000, after her mother – Fiona – had been admitted to the hospital that morning complaining of having irregular contractions. Fiona underwent a CTG trace after her admission into hospital which suggested that Katie was being deprived of oxygen in the womb. However, it took nearly 90 minutes for staff at the hospital to act on the abnormal readings and organise an emergency Caesarean Section. When Katie was delivered, she showed no signs of life having suffered a cardiac arrest in the womb, but fortunately staff at the hospital were able to resuscitate her. Katie – now thirteen years of age – had suffered serious brain injuries as a result of being deprived of oxygen, and will need around the clock care for the rest of her life. Fiona Martin claimed compensation for a failure to act at the birth of her child against the Coombe Hospital; who contested its alleged liability for Katie´s injuries, and argued that Katie was starved of oxygen in the womb before her mother arrived at the hospital. The hospital prepared a full defence against the claim, arguing that that it was already too late to prevent an injury after Fiona´s arrival. However, Ms Justice Mary Irvine at the High Court heard that a settlement of €4 million compensation for a failure to act at birth had been negotiated without the hospital admitting liability. The judge was told that the case was before her for approval of the settlement and, after hearing the circumstances surrounding Katie´s birth, approved the settlement – commenting that it was a good one considering that the case had been contested by the defendant.

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HSE Apologise for Negligent Medical Care in Dehydration Death Case

The High Court has heard an apology from the Health Service Executive (HSE) regarding the negligent medical care which led to a woman dying in hospital from dehydration. In January 2010, Eileen Brady (65) from Crosskeys, County Cavan, attended her family GP suffering from mouth ulcers. She was referred to Cavan General Hospital, where her condition was diagnosed as being attributable to poor fluid intake, and Eileen was admitted into the hospital to be treated for dehydration. Eileen – a mother of five – was at the time undergoing chemotherapy at a Dublin hospital and, because of the treatment she was receiving for her stomach cancer, her veins collapsed and the dehydration treatment was ineffective. However, whereas alternative procedures were available to treat Eileen, a “catalogue of errors” then followed at the hospital which resulted in her death the next day from multiple organ failure. Ms Justice Mary Irvine at the High Court heard medical experts testifying that Eileen´s dehydration could have been reversed if her charts had been examined properly, if senior doctors had been consulted about Eileen´s health or if anybody had spoken with the Dublin hospital that was providing Eileen with her chemotherapy treatment. Judge Irvine was also told that Martin Brady – Eileen´s son – had made a claim for compensation against Cavan General Hospital and the HSE; alleging that the family had suffered mental distress after his mother´s death due to negligent medical care. The claim, Judge Irvine was informed, had been settled for an undisclosed amount – subject to a public apology. A solicitor representing Cavan General Hospital and the HSE then read out a statement in which the two parties apologised for the negligent medical care which resulted in Eileen´s death, and the subsequent grief, hurt and stress that had been suffered by her immediate family and friends. Another of Eileen´s sons – Aidan Brady – responded on behalf of the family. He said he hoped that both Cavan General Hospital and the HSE had learned from “the grave mistakes” made in this case “and that no other family would have to go through the trauma and distress that we have suffered”. Ms Justice Mary Irvine extended her personal sympathy to Eileen´s family before closing the hearing.

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HSE Director Apologises for Hospital Childbirth Medical Negligence at Portlaoise Hospital

The National Director of Quality & Patient Safety at the Health Service Executive (HSE) has apologised “unequivocally” to four families who lost a child due to hospital childbirth medical negligence. The apology by Dr Philip Crowley came prior to an RTE Prime Time television program – “Controversy at Midland General Hospital, Portlaoise – Fatal Failures” – which highlighted failings in care at the hospital that led to four babies dying in childbirth. The program featured the story of Roisin and Mark Molloy from Tullamore, County Offaly, whose son Mark died shortly after being delivered on 24th January 2012. Medical staff at the hospital initially failed to inform the Molloys of the reason for their son´s death or conduct an investigation into the circumstances of his delivery. It was only after a four-month battle against the hospital authorities that the HSE acknowledged there had been signs of life when Mark was born and an investigation was initiated. The investigation took over twenty months to complete – a “lamentable delay” according to Dr Crowley – during which time the Molloys were fed misinformation by HSE officials. Among the things the Molloys were told was that childbirth deaths at the hospital were very rare; but when a subsequent independent clinical review reported “failures in the standard of care provided were casually linked to the foetal hypoxia damage that occurred [and the death of baby Mark]” it became clear that their son had been the victim of hospital childbirth medical negligence and the Midland Regional Hospital issued the Molloy´s with an apology. By chance, Roisin Molloy heard a radio interview in which a Shauna Keyes was retelling the story of how she had lost her child at the Midland General Hospital in similar circumstances, and the two women got in touch with each other. The story found its way to the RTE Investigation Unit, who found two more examples of hospital childbirth medical negligence in which children had died, an investigation had been conducted, but the parents were never informed of the outcome. Among the four instances of children dying shortly after birth, investigators discovered that, although sub-standard care had been identified during the investigation into Mark Molloy´s death, no measures had been taken to deal with the shortcomings, and that the same mistakes had been repeated in the deaths of the other three children. It was also explained in the program that, in order to provide a “safe” level of service, the HSE recommends a ratio of one midwife for each twenty-eight women in the later stages of pregnancy. At the Midland Regional Hospital in Portlaoise there was a ratio of one midwife to seventy-five expectant mothers – a situation which resulted in “a lack of understanding of a deteriorating condition leading to a failure to seek timely medical assistance”. RTE investigators were shown a copy of a letter written in 2006 by midwifery staff to the then Minister for Finance Brian Cowen and Minister for Health Mary Harney in which concern was expressed over staffing levels at the hospital. The letter said a “real fear” existed that a mother or baby would die before staffing issues were addressed and that the situation had been made clear to the management at the hospital, but no action had been taken. Speaking on the Today radio program, the current Minister for Health James Reilly said that the hospital childbirth medical negligence at Portlaoise Hospital was “utterly unacceptable”, and that he planned to conduct a further investigation into the failings of care and the deception that the parents of the dead children had experienced.“I have asked the Chief Medical Officer to give me a report. It won’t take long and I will take action to make sure that this never happens again. I have put great emphasis on this.”

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Health Minister Wants to Slash Medical Negligence Compensation Payments

The UK´s Secretary for Health – Jeremy Hunt – has stated that he wants to slash medical negligence compensation payments by “Saying Sorry” – a measure that has proved effective in the United States. Mr Hunt´s comments were made in an interview with the press to announce new guidelines that have been sent to every hospital in England and Wales. The guidelines recommend that medical professionals “say sorry” in circumstances where there had been a failure in the duty of care, or when an accident has happened due to which a patient has suffered an injury or the avoidable deterioration of an existing condition. . The Health Secretary suggested that medical professionals in the health service are reluctant to apologise because of the fear of litigation and this view was echoed by the chief executive of the NHS Litigation Authority – Catherine Dixon – who said: “Saying sorry is the human and moral thing to do. We won´t say that we are not going to cover you because you´ve said sorry. We are not like a car insurer who will withhold a claim because an apology has been given. Saying sorry is not an admission of legal liability”. The Secretary for Health used the University of Michigan as an example of how the approach works. Having adopted the practice of “apologising and learning when you are wrong, explaining and vigorously defending when we are right, and viewing court as a last resort”, the University is now one of the safest medical centres in the United States and has halved the medical negligence compensation payments it is liable for from a decade ago. Mr Hunt tweeted that the University of Michigan´s practice was an “interesting example of how being open and saying sorry could slash the litigation bill. [We] want to see similar results in the NHS”. Mr Hunt´s concern over medical negligence compensation payments comes after figures revealed the number of claims against the NHS is expected to increase by 25 percent to 12,000; and that around 20 percent of the NHS´s annual budget (approximately £22 billion) would have to be put aside to meet the state´s liability for medical negligence in UK hospitals.

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Danger of Deaf Patients Suffering From Medical Negligence Highlighted in Report

A soon-to-be-published report has highlighted the danger of deaf patients suffering from medical negligence due to a failure by medical professionals to communicate. The report – “Critical Care Required: Access to Interpreted Healthcare in Ireland” – was prepared by Professor Lorraine Leeson as a consequence of the EU-funded project “Medisigns” which was conducted at Trinity College’s Centre for Deaf Studies. The content of the report focuses on facilitating better communications between healthcare professionals, sign language interpreters and patients, and reveals the danger of deaf patients suffering from medical negligence when communications are misunderstood or misinterpreted. Examples of some of the tragic accidents that have occurred in Irish hospitals include: ·  One deaf patient was prepared for heart surgery after he attended hospital with a finger injury ·  Concern was raised when a woman failed to sleep for three nights in a recovery ward. It was later discovered that she could not communicate that she was cold. ·  One patient, who relied on sign language to communicate, had eye drops put in their eyes and could not see the signals being made to them or otherwise communicate. ·  A deaf patient was killed after being released from hospital as he attempted to walk home from Galway to Clifden – a distance of 50 miles. Focus groups who took part in the project also commented on the attitude of medical staff towards deaf people, and the lack of provision those who are hard of hearing – with one case revealing how medical staff called on a hospitalised child who understood sign language to act as an interpreter in the hospital emergency room. Shortage of Resources No Excuse for Medical Negligence to Deaf Patients According to a Health Service Executive spokesperson, hospital patients who are deaf or hard of hearing “have a right” to have a sign language interpreter present at healthcare appointments, and the health service provider must find the resources (budget) to ensure one is always available. This is often possible when appointments are made in advance, but there is the danger of deaf patients suffering from medical negligence when they attend an Emergency Room or their doctor´s surgery. GPs in particular appear to consider engaging a sign language interpreter as an avoidable expense at a time when they have faced a cut in funding due to FEMPI legislation. However, Professor Leeson cautioned that a shortage of resources is no excuse for medical negligence to deaf patients. She said: “At the end of the line it is [the doctors’] responsibility to make sure that they are gaining informed consent from their patients and to ensure that their patients understand, and what we are finding is that patients are saying that they absolutely do not understand what is happening.” She added that failing to use the services of a sign language interpreter could have serious implications for both the patient and doctor: “what [would be] the cost if they were found to be liable for not actually clearly communicating with their patients and there are consequences arising from that”. Important Footnote: If you or somebody close to you has suffered medical negligence due to being hard of hearing, we appreciate that you may not be able to use our free telephone advice service. We would therefore request that you complete the contact form at the foot of this page – using the text box to let us know that you cannot communicate by telephone and supplying us with an email address or alternative form of communication.

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Judge Approves Hospital Negligence Compensation for Death following Childbirth

A High Court judge has approved a settlement of hospital negligence compensation for death following childbirth after hearing the tragic story of Dhara Kivlehan, who died shortly after giving birth to her first child. Dhara (29) had been admitted to Sligo General Hospital on 20th September 2010 for the delivery of her first child – Dior. At the time of her admission, she was two weeks passed her due date and exhibiting symptoms consistent with pre-eclampsia – high blood pressure and fluid retention around the feet and ankles (oedema). Blood test conducted on Dhara showed that she had abnormal liver and kidney function (a further symptom of pre-eclampsia), but the results of the blood test were not communicated to Dhara´s doctors for a further twelve hours. The morning following her admission, Dhara gave birth to her son, and was transferred to a side room. It was during Dhara´s thirty-six hours in the side room that her condition deteriorated and she was transferred to the Intensive Care Unit at Sligo General Hospital at 4.45pm the day after giving birth. At 11.00pm that night, Dhara´s condition became critical, and she was air-lifted to the Royal Victoria Hospital in Belfast, where she died of multiple organ failure four days later. Dhara´s husband – Michael Kivlehan from Dromahair, County Sligo – believed that the treatment Dhara had received in the side room of the maternity unit had been inadequate as his wife´s condition deteriorated, and made a claim for hospital negligence compensation for death following childbirth against the Health Service Executive (HSE). The HSE denied that there had been a failure by the Sligo General Hospital to acknowledge the significance and severity of Dhara´s deterioration or to treat her appropriately, and a trial date was scheduled for the case to be heard in court. However, shortly before the family´s claim for hospital negligence compensation for death following childbirth was due to be heard, the HSE admitted that there had been shortcomings in the care provided for Dhara and a settlement of hospital negligence compensation was negotiated. At the High Court in Dublin, Ms Justice Mary Irvine heard an apology from the HSE read out to the family before approving the agreed settlement of €800,000. The judge expressed her sympathy to Michael and Dior – who were in court for the approval hearing – but she also criticised the HSE for “holding out until almost the bitter end” before admitting liability and for causing the family unnecessary distress.

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Settlement of Claim against HSE for Cerebral Palsy Approved by Judge

A High Court judge has approved the settlement of a claim against the HSE for cerebral palsy and criticised both the HSE and State Claims Agency for taking so long to resolve the case. Dylan Gaffney (6) from Kilcohan Park in Waterford was born at Waterford Regional Hospital on July 22nd 2007, in a poor condition after an emergency Caesarean Section had been performed on his mother – Jean – and with no paediatrician immediately available to provide adequate resuscitation. Jean Gaffney had previously requested a Caesarean Section delivery for Dylan, as her first daughter had been born by emergency C-Section after 51 hours of labour, and she had miscarried a second child. Her obstetrician had dissuaded her from having one, despite an ultrasound two days before Dylan´s birth indicating that he weighed nine pounds, four ounces. The ultrasound had been conducted after Jean had attended the Waterford Regional Hospital on July 20th because she believed her waters had broken. She was given an antenatal appointment for five days later but, on the morning of the 22nd, went into spontaneous labour and was admitted into the hospital. Jean was administered oxytocic – a drug to stimulate contractions – and told to commence pushing. According to Jean´s solicitor at the High Court, this was entirely inappropriate in the circumstances and a Caesarean should have been performed straight away. Instead, medical staff at the hospital waited until after 2.00pm in the afternoon to deliver Dylan. When Dylan was eventually resuscitated, he had been denied oxygen in the womb and was diagnosed with cerebral palsy and other injuries. After speaking with a solicitor, Jean made a claim against the HSE for cerebral palsy compensation in her son´s behalf, and wrote to the State Claims Agency in June 2009 with evidence of negligence compiled by an independent medical expert. Despite the evidence clearly showing that Dylan´s birth injuries were attributable to negligence before, during and after his delivery, the State Claims Agency denied everything and refused to consider Jean´s claim against the HSE for cerebral palsy. Ultimately, court proceedings had to be issued while Jean and her partner – Thomas Hayes – put their lives aside to care for Dylan. It was only shortly before Jean´s claim against the HSE for cerebral palsy was due to be heard that liability was admitted and discussions started to agree a financial settlement. At the High Court in Dublin, Ms Justice Mary Irvine heard that an agreement had been reached for Dylan to receive a lump sum payment of €8.5 million, as a more beneficial structured payment system was not yet available. The judge approved the settlement, but criticised the conduct of the Health Service Executive and State Claims Agency for the delay in admitting liability, and causing additional stress for Dylan and his family. She said that this was the second case within a week where the actions of the HSE and State Claims Agency were “highly regrettable”.

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Government Appoints Judge to Consider Claims for Symphysiotomy Injury Compensation

The Government has appointed Judge Yvonne Murphy to work out a solution to the issue of claims for symphysiotomy injury compensation following its U-turn on extending the Statute of Limitations. Dr James Reilly – the Minister for Health – announced this week in a press conference that Judge Yvonne Murphy has been asked to compile options for women who wish to make claims for symphysiotomy injury compensation. Around 300 women survive who underwent the controversial childbirth procedure in Irish hospitals between 1940 and 1990 – many of whom now have difficulty in walking, suffer chronic pain and incontinence as a result. Judge Murphy has been asked to look at feasible compensation options for review in February 2014, to compensate the women for the pain they experienced at the time of the symphysiotomy and throughout the rest of their lives. The Minister said that the Government would contribute to an ex gratia scheme if that was a recommended option , and it is believed that Judge Murphy will be speaking with insurance companies to explore whether they would contribute towards such a scheme. Originally the Government planned to allow a Private Members Bill introduced by Sinn Féin’s Health Spokesman Caoimhghín Ó Caoláin through the Dáil, which would have enabled a one-year window for the women claims for symphysiotomy injury compensation. However legal advisors told the Government that, by offering a window in the Statute of Limitations, they could face a legal challenge from the insurance companies who would have been liable for compensating the women and the support for the Bill was withdrawn. Caoimhghín Ó Caoláin criticised plans to keep the statute of limitations in place and said “The type of scheme outlined in the terms of reference offers the women no prospect of adequate compensation for what was so barbarically done to them nor the choice to pursue their rights in the courts.” However Tom Moran – Chairman of the support group Survivors of Symphysiotomy Ltd – welcomed the prospect of his members being able to resolve their claims for symphysiotomy injury compensation. “We welcome this decision to appoint the judge and we hope it leads to women finally being given a chance of some kind of closure.”

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Girl to Receive Compensation for Cerebral Palsy due to Mismanaged Birth

A twelve year old girl is to receive €2.3 million compensation for cerebral palsy due to a mismanaged birth after an interim settlement was approved at the High Court. Mary Conroy was heavily pregnant with her first child when she attended the Midland Regional Hospital in Portloaise on 10th November 2001 believing that her waters had broken. After being reassured that they had not, and everything was fine, Mary was sent home. On 13th November, Mary then attended the clinic of her personal consultant obstetrician – Dr John Corristine – and, following an ultrasound, insisted she be admitted into hospital. A CTG scan at the Midland Regional Hospital failed to show any sign of contractions, and Mary was advised to take a bath – but no hot water was available at the hospital – so Dr Corristine ordered that medicine should be administered to help induce labour. Mary gave birth to her daughter – Roisin – the following morning, but Roisin suffered seizures shortly after her birth and was transferred to a hospital in Dublin with adequate neo-natal facilities. However, Roisin failed to improve and was diagnosed with dyskinetic cerebral palsy. As a result of the injuries suffered prior to her birth, Roisin (now 12 years old) is permanently disabled and can only communicate through her eyes. Mary Conroy blamed herself for Roisin´s injuries, and insisted on having two further children delivered by Caesarean Section. Mary and Kevin Conroy both gave up their jobs to care for their daughter; believing for many years that nothing could have been done to prevent Roisin´s condition and that they had been “just unlucky”. However, after speaking with a solicitor – who initiated an investigation into the circumstances prior to Roisin´s birth – the couple found out that Roisin was entitled to compensation for cerebral palsy due to a mismanaged birth. A claim on Roisin´s behalf was made in 2011, but it was almost two years later – and weeks before the compensation claim for cerebral palsy due to a mismanaged birth was due to be heard in court – that Dr Corristine and the Health Service Executive (HSE) admitted liability for Roisin´s birth injuries. An interim settlement of compensation for cerebral palsy due to a mismanaged birth was negotiated that would see Roisin´s family receive an initial compensation payment of €2.3 million, with another assessment made of Roisin´s needs in two years time if a structure compensation system has not been introduced. The settlement was approved by Ms Justice Mary Irvine after the High Court had heard an apology read to the family by Dr Corristine and a representative of the HSE. In it both defendants said that “neither this apology nor the financial compensation granted by the court can negate the continuing heartache that the Conroy family must feel every day and appreciate that this continues to be a very difficult time for them.”

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Couple Settle Claim for Nervous Shock over Death of Baby

A couple, who alleged that their consultant gynaecologist had mismanaged the birth of their child, have resolved their claim for nervous shock over the death of their baby in an out-of-court settlement. Jane Farren and Feidhlimidh Wrafter from Rathgar, Dublin, made their claim for nervous shock over the death of their baby, Molly, who died on October 16th 2008 after being delivered in an emergency Caesarean Section. Jane had been admitted to the Rotunda Hospital in Dublin on October 15th after a spontaneous membrane rupture. She was administered Syntocinon to help induce labour and, at 3.45 am the following morning, was transferred to theatre to attempt a vacuum delivery. Molly was born half an hour later by C-Section, but could not be resuscitated and died. The couple alleged that their consultant gynaecologist and obstetrician Professor Fergal Malone had failed to properly manage the labour, delivery and birth of their child, and that staff at the Rotunda Hospital had failed to identify abnormalities in the foetal heart rate in a timely manner, which would have led to Molly being born earlier and possibly surviving. The couple also claimed that they were misinformed during the labour and delivery process, and led to believe after Molly´s death that there was nothing that could have been done to prevent it. Jane and Feidhlimidh also explored the possibility that Molly´s death could have been due to a genetic problem or a pre-labour trauma, despite the couple already having two perfectly healthy children. Professor Malone and the Rotunda Hospital denied that mistakes had been made which resulted in Molly´s death but, shortly before a scheduled hearing at the High Court, it was announced that the claim for nervous shock over the death of a baby had been settled for €150,000 without admission of liability, and that the case could be struck out.

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