RADIO & TV

Galway hospital apologises after young father’s death following surgery

Galway hospital apologises after young father’s death following surgery

Our Roger Murray SC represented the family of Shane Banks, in Ireland’s longest running inquest last year, and again in the High Court this week. Mr. Banks died in June 2019, following surgery for treatable lung cancer at University Hospital Galway.  A 43 year old lecturer in business at Sligo Insitiute of Technology, Mr. Banks is survived by his wife Ciara, and three young children. Edward Walsh SC, instructed by Callan Tansey Solicitors LLP, told the High Court that this was a “particularly distressing case”, and Mr. Banks death was due to a “catalogue of medical errors”.

 

Surgeon Under Review

 

Professor Mark Da Costa, the surgeon who operated on Mr. Banks, had concerns raised about his surgical skills in October 2017. While a mentor had been appointed for him no proper structure was put in place. A review in 2018 led to a more formal mentorship programme being put in place, initally for six months, then extended for a further two months. It was during this time that Mr. Banks came under his care.

 

Major Complications Arose

 

The court was told that Professor DaCosta had been warned not to undertake any complicated surgery and was being supervised for his cardiac work. Mr. Banks surgery was carried out on a Friday, with only junior doctors assisting. The surgery took twice as long as expected as major complications arose leading to an anaesthetist to independently call for assistance. The next day Professor Da Costa went on annual leave, no proper cover was provided and three days later Mr. Banks died.  His family was not informed about his deteriorating condition.

 

Apology From Hospital

 

In a letter of apology read in the High Court Chris Kane, General Manager at University Hospital Galway, acknowledged the enormity of the personal loss to the family. He said ” I sincerely and unreservedly apologise for the failure to consider the introduction of proper support for the thoracic surgery in Shane’s case and the deficits in the manner in which his surgery was carried out. If these had been in place and addressed, Shanes’s sad death three days later would likely have been avoided. I acknowledge and regret the great upset, distress and loss suffered as a result”.

 

Family Statement

 

A statement from the family said, “Significant questions still arise as to how management allowed the second surgery to proceed. Evidence was given at the inquest that doctors involved in Shane’s first surgery approached senior management and doctors expressing their concerns about Professor Mark Da Costa, but they were never acted upon”

Call for Patient Safety and Candour

 

Roger Murray SC said the HSE must now make meaningful the apology in full and the coroner’s recommendations should be implemented. He said patient safety and candour must be put first. He also referred to the fact that it had take a 15 day inquest for the full facts of the case to finally emerge.

Mr. Banks widow, Ciara McDermott said, “Shane was the love of my life”, he was the “best definition of a father, our children were only two, three and four years old when he died”. She also added, “The coroner’s recommendations should be implemented in full. If a pilot was deemed unsafe to fly, he would not be put in charge of a risky flight. Why should different standards apply to doctors? The culture of silence around medical incidents left us in the dark until the inquest started. This has to stop.”  The family have called for a new law to be introduced making it mandatory for hospitals to disclose if a treating doctor is under supervision or beeing mentored.

The family have settled the case for an undisclosed sum

Media Reports

 

Irish Examiner

Irish TImes

RTE News

 

 

 

Cork woman with Cerebral Palsy settles case for €12 million

Cork woman with Cerebral Palsy settles case for €12 million

David O’Malley, Partner in our Medical Negligence department, represented Jane Harte, a 27 year old woman with cerebral palsy.  Ms. Harte sued over the care she received after her birth at City General Hospital in Cork.  The case was taken against retired gynaecologist Pallany Pillay, who was the proprietor of the now closed private maternity hospital.

Speaking after the High Court approved a settlement of €12 million, Jane’s mother Olivia Harte said that the conclusion of the case was life-changing for her daughter.  Jane has been living at the Cope Foundation in Cork, where she has received exceptional care according to her mother. However, the settlement will now enable the family to bring their daughter home. “She is going to have a life with her family and silblings which she always deserved, and which was take from us, Jane will be able to get her phyio, to swim and will have a far better quality of life”, said Olivia Harte.

The court heard that Jane had been born healthy but had a significant difficulty with her breathing and went dramatically downhill.  She was transferred to the Erinville hospital when she was 17 hours old.  At that point she was “literally in extremis with severe septic shock” and later meningitis.  Dr. John O’Mahony SC, instructed by David O’Malley, told the court it was their case that appropriate steps should have been taken at City General Hospital and that if antibiotics had been given to Jane earlier she would have recovered.

Liability in the case wias contested and the settlement is without an admission of liability.  The settlement was reached following mediation talks between the parties.

Photo credit: Collins Courts

Media Coverage

 

WATCH Virgin Media News Report

RTE News

Irish Examiner

Irish TImes

Irish Independent

Breaking News

Echo Live

Carlow Nationalist

Roscommon Herald

 

 

Supporting Students with Autism

Supporting Students with Autism

Summerhill College in Sligo is committed to supporting students with Autism. In recent years the school has developed a dedicated ASD Resource Centre specially designed to support the holistic education of students with Autism Spectrum Disorder. The ASD Resource Centre is a nurturing and safe environment which enables all students to reach their full potential within Summerhill College. We are delighted to support this excellent work by sponsoring the establishment of the Callan Tansey Practical Living Demonstration Room, a key resource in supporting students in the schools Autism classes as they learn day-to-day life skills.  Our Brian Gill, Partner, is a Past Pupil of Summerhill College. Last September he spoke at a conference hosted by Summerhill College, for students with Autism and their families, ‘What Next? – Pathways into further studies and employment’

We recently spoke with school Principal, Paul Keogh, to find out more about the impact of the ASD Resource Centre to date, and the schools future plans.

What Motivated Summerhill College to Invest Resources to Develop Specific Supports for Students with Autism?

Inclusive education provision was the central motivator for such developments. Summerhill College identified students who had needs that would be best met through an environment where there was a lower pupil-teacher ratio and may also receive a baseline level of SNA support. This ensures that there is as much intensive support as possible for pupils to develop and fulfil their IEPs.

 

What are the Different Supports Available for Students with Autism?

Class sizes are limited to 6 students per Autism class. Each class has an allocation of 1.5 teacher contact time and 2 SNAs per Autism class. Each class gets access to a kitchen, multi sensory room and a poly tunnel. Students get access to mainstream classes and facilities. Students get access to bespoke learning experiences tailored to their individual needs. L1LP and L2LP programs are available to students.

 

What is the Impact of Those Supports on the Boy’s Experience of Education?

Students experience educational opportunities in an environment that is suited to them and their individual needs.

 

How Many Boys are Currently Receiving Support?

30 students are currently in the Bishop Jones Centre. We also facilitate other students with an autism diagnosis and students awaiting a diagnosis in mainstream classes.

 

Have the Supports Attracted Additional Students From Outside Sligo Town to Enrol in Summerhill College?

We have students attending from Sligo Town, Sligo County and the Connacht region.

 

How has the Development of These Supports Impacted on the Wider School Community, Boys, Staff, Parents, Past Pupils?

Inclusion and inclusive practices are now central to conversations and policy development. Training and CPD is offered on a whole school basis and is now the responsibility of all staff.

 

What additional plans do you have for the future?

Our 6th autism class is to open in August 2023. We are awaiting a new building to facilitate 3 classrooms and continue to provide a annual conference on pathways for young autistic people after post primary education.

Callan Tansey LLP in the Community

Callan Tansey LLP in the Community

At Callan Tansey LLP we believe that our success is linked to the success of our community. We are committed to integrating our social and environmental responsibilities in our business operations. It is important to us to support the local communities close to our six offices, as well as the wider community through fundraising events and environmental initiatives. Our Corporate Social Responsibility Programme (CSR) focuses on supporting cultural events and community organisations as well as fundraising for charities and voluntary organisations. This activity is driven by Partners, Solicitors and our Professional Support Staff. Some of the support we have given in recent years is listed below and you will find the link to apply for support here

Summerhill College ASD Support

 

Summerhill College ASDOur firm’s links with Summerhill College stretch from the early years of the last century to the present day, with generations of Callan Tansey Solicitors and their families educated there. We are therefore delighted to support the new Practical Living Demonstration Room for ASD students.

In the course of our work we meet children and families navigating life with different abilities.  We see the challenges they often face, and the need for educational support, recognition of their ability and the importance of integrating students with their peers for social development. The work done by the Summerhill College Additional Educational Needs Team in providing support to all students is considered to be the best in the country.

The Practical Living Demonstration Room supported by Callan Tansey will be a key element for the students in the schools Autism classes as they learn day-to-day life skills. Here they will experience diverse scenarios, enabling them to acquire a range of skills – from basic ones such as self-care and cooking to money management and travel. In repeatedly doing these daily tasks, the students grow in confidence and most importantly independence. Building on what is learned in Summerhill, they can then practice these routines at home and in the community.

This room is one of a few across the country. Callan Tansey is proud to be associated with such a progressive programme.

Our Brian Gill, Partner Commercial and Employment Law was a keynote speaker at a conference on Autism, “What Next? – Pathways into further studies and employment”,  hosted by Summerhill College. He highlighted that while it was just 25 years since legislation to protect the rights of people with autism had been intorduced there was a lot still to do.  Legislators need to conside positive discrimination to ensure employers with “a narrow mindset” cannot continue to keep people with disabilties our of the workplace. “A workplace that keeps people with disabilites out and keps them on the margins is alll the poorer. It’s like watching black-and-white television in a coloured world.”  Click here to read the report of the conference published in The Irish TImes.

 

Sligo Grammar School Senior Rugby

Callan Tansey Solicitors was delighted to sponsor  the Sligo Grammar School Senior Rugby team this season – and what a season it was! Sligo Grammar School Senior Rugby team achieved an unprecedented ‘double-double’, winning back to back Connacht Schools Senior League and Senior Cup titles

Sligo Grammar School is renowned  in Connacht for producing talented players and successful teams over a number of years.  Many students have been capped for Connacht Rugby at underage level over the years, including several of the current Senior Rugby Team. While a further six players have been capped for Ireland, including three of the current team being named on the Ireland U18 squad.  All three of these players have gone on to score tries for Ireland.

sligo grammar school connacht rugby

 

Niamh Ní Mhurchú, Joint Managing Partner and Brian Gill, Partner at Callan Tansey Solicitors are pictured here with Vice – Principal Jimmy Staunton and with members of the Senior Team who were presented with a set of jerseys at the start of the season

Christmas Charity Donations

 

Every December the team at Callan Tansey Solicitors LLP makes a particular effort to support both local and National charities. This year we supported three different charities

 The Society of St. Vincent de Paul provides a wide range of services for vulnerable people though its local offices.  These services include personal visiting, education grants, family support services, social housing projects, child and youth services as well as Adult and older peoples services.  We made donations to local offices in Boyle, Galway and Sligo to help support the great work done by the organisation and voluteers in our local communities.

Once again Callan Tansey Sollicitors LLP supported Focus Ireland by sponsoring a star on the Focus Ireland Christmas Tree. We share the Focus Ireland belief that everyone has the right to a place they can call home and that no child should have to face Christmas without a safe and secure home.  The organisation provides advice, information, advocacy and help with finding a home.  Since opening at its initial location in Dublin in 1985, Focus Ireland has expanded its role and activity and now provides services and housing projects across Ireland including in Sligo and Limerick.

Our team was delighted to bring some festive cheer to the offices recently by wearing their Christmas Jumpers to raise vital funds for The Children’s Health Foundation.  Many of our clients are families and young children with catastropic injuries and complex health needs.  We see at first hand the important work done by our Children’s Hospitals and the urgent need for funding to support their efforts. The funds we raised went towards the purchse of essential equipment at CHI hospitals and urgent care centres.

 

 

 

 

Boyle Arts Festival

 

Boyle Arts FestivalBoyle Arts Festival is an award winning festival which takes place in July each year. Callan Tansey Solicitors has been delighted to support this highly regarded Festival for many years. It attracts well-respected artists and performers as well as audiences from across Ireland and overseas.  During the 10 days of the festival audiences enjoy a great mix of visual arts, literature, drama, workshops and a variety of musical events and performance to suit all tastes, including clasical, traditional, jazz, and popular music..  Many events are free and tickets for other events can be bought online or at the Festival Office in Boyle.

 

Ballina Salmon Festival

 

Ballina Salmon FestivalFestivals could not happen without the hard work and support of local communities.  They represent the best elements of a community, encourage local participation and prompt visitors to travel to enjoy various events.

This year we are delighted to sponsor the Ballina Salmon Festival Busking Competition.  After a difficult few years for everyone it is lovely to once again have the opportunity to gather as communities and attend events.  It is also important that we all support the creative and artistic community who were particularly hard hit by Covid lockdowns and closures.

The busking competition has run all week across Ballina, giving talented performers a chance to showcase their talent as well as significantly contributing to the festival atmosphere. Thank you to all the wonderful performers who entered and we hope you see your audiences grow.

 

 

Darkness Into Light 2022

 

Darkness into Light 2022On a foggy and misty morning members of the Callan Tansey team from across our offices rose before dawn to participate with family and friends in the Darkness into Light walk in aid of Pieta. They were among the almost 120,000 supporters walking to raise almost €4million in much needed funds to support people affected by suicide and self-harm.

 

March Into March 2022

 

March Into March

We were delighted to support our neighbours Sligo Cancer Support Centre in their recent March into March Fundraiser and present them with much needed funds. Pictured are some of our team who participated in the fundraiser and members of the Sligo Cancer Suppert Centre. Aoife Bromley, Majella Lynch, Annamaria Toolan, Attracta Higgins, Caroline McLaughlin, Loretta Coyne (Sligo Cancer Support Centre), Bridget Kerrigan (Sligo Cancer Support Centre)

 

Pocket Forest at Callan Tansey Ballina

 

Pocket Forest Ballina

We were delighted to work with Pocket Forests recently at our Ballina office. First the team from Pocket Forests helped us rejuvenate some ground behind our office building then we planted a diverse range of native trees and shrubs.  The goal is promote biodiversity in this urban location which will support pollinators and the wider environment in the community.

 

 

Inquest into the death of the late Linda Connell

Inquest into the death of the late Linda Connell

Our Niamh Ní Mhurchú recently represented the family of the late Linda Connell at an inquest into her death.  Ms. Connell, a 41 year old mother of one was from Trim, Co. Meath.

 

Admitted for Routine Surgery

 

Ms. Connell was admitted to Our Lady of Lourdes Hospital in Navan for a planned laparoscopic removal of an ovarian cyst on March 6th 2020. Following surgery she became unwell and  died five days later at Baumont Hospital, on March 11th 2020.

The inquest heard that that during surgery an Endoclot Adhesive, which is contra-indicated for use in gynaecological procedures was used.

 

Verdict of Medical Misadventure

 

The inquest found that it was impossible to ignore that there was a temporal link between the procedure and what happened to Ms. Connell afterwards.  The coroner, Dr. Clare Keane, returned a verdict of medical misadventure.

 

Statement from the family of Linda Connell

 

In a statement, Linda’s husband David Freeman said:

“ The life we enjoyed together as a family has been destroyed, our days are now a living nightmare.  I can’t see how I can ever recover or move on with my life.  My wife underwent a simple gynaecological procedure and ended up losing her life.  I stand here today to be a voice for my darling wife Linda and to try and get some answers for her, her son Joshua and her adoring family and friends”

 

Media attention

 

The inquest in to the death of Ms. Connell attracted considerable media attention including the below

The Irish Times

LMFM  – Niamh Ní Mhurchú interview with Michael Reade

Interview begins at 53 minute mark

Irish Daily Mail and Evoke.ie

Rollercoaster.ie

Extra.ie

 

 

Inquest into death of retired teacher Declan Sweeney

Inquest into death of retired teacher Declan Sweeney

The family of the late Declan Sweeney, from left, his wife Noleen, son Ronan and daughters Sonia and Michelle. Photo: Colin Keegan, Collins Dublin

 

Our Roger Murray SC recently represented the family of the late Declan Sweeney at an inquest into his death.  Mr. Sweeney (78), from Newbridge, Co. Kildare was a retired vice-principal of Synge St. CBS. The inquest heard that his sudden and unexpected death in Tallaght Hospital was linked to the “double whammy” of his discharge from a high dependency unit coinciding with the start of the Christmas holiday period.

 

Family Criticised Care Patient Received

 

Mr. Sweeney’s family criticised the care he received and the response of the medical staff to concerns the family raised about his deteriorating health in the days leading up to his death. Declan Sweeney was discharged from the high dependency unit on Friday, December 21 2018, and his condition was not reviewed by a hospital consultant “of any description” for five days.

 

Roger Murray SC, on behalf of the family, called for better governance and oversight  of consultant cover over holiday periods. The coroner noted  that a consultant providing cover for a colleague could not be expected to provide the same level of care as the workload was, effectively, being doubled.

 

Inappropriate Communication

 

Roger Murray SC submitted that a narrative verdict would best reflect the complexity of the case, and ought to capture the gaps in Mr Sweeney’s treatment. He said a senior doctor at Tallaght Hospital had accepted in evidence that inappropriate communication by the staff on December 21st had resulted in a missed opportunity to provide proper planning for Mr. Sweeney’s care. Mr Murray told the court that the patient’s family were “physically looking in corridors” for answers having been “left in the dark” about their father’s condition.

 

Narrative Verdict Returned

 

Returning a narrative verdict, Dr. Gallagher recorded that the patients’ family had been extremely concerned about his care throughout his hospital stay and that his primary care team had not seen him until the day of his death. She noted that it had been difficult to establish who was responsible for the care of Mr. Sweeney over the holiday period.

Noting that the Sweeney family did take some solace from the fact that following the death of Declan Sweeney changes had been introduced at Tallaght Hospital, the Coroner went on to say that these changes did not adequately address consultant cover. She issued a formal recommendation that locum cover should be obtained where appropriate.

Further, she recommended that patients and families should be formally and clearly told of who is in overall charge of care.

 

Statement from Ronan Sweeney

 

Speaking after the verdict Ronan Sweeney, Declan’s son– a GAA All Star for Kildare and Moorefield GFC – said the family welcomed the verdict and recommendations.  “Our Dad was in the public service for 40 years as a teacher, helping people all that time. We just felt that he was left down in his hour of need by the system, not necessarily by anyone individually. The whole purpose of this was to ensure that this doesn’t happen to another family and we’ve gone a long way to doing that”

Erb’s Palsy Birth Injury

Erb’s Palsy Birth Injury

The Medical Negligence team at Callan Tansey Solicitors LLP has successfully represented many people with Erb’s Palsy. Our work has got explanations from the hospitals concerned as to how this injury occurred. We have also secured compensation for this birth injury for our clients. In fact, Johan Verbruggen, Associate Solicitor in our Galway office has Erb’s Palsy. His parents successfully brought a case on his behalf many years ago.  His lived experience helps support clients and families who have been affected by Erb’s Palsy.

 

What is Erb’s Palsy?

Obstetric brachial plexus palsy, or as it is colloquially termed, Erb’s Palsy, is a nerve injury, causing a part or complete paralysis in the affected arm.

 

What is the brachial plexus?

The brachial plexus is the name given the group of five nerves at the root of the neck (C5, C6, C7, C8 and T1) that travel from the neck to the shoulder. These nerves control the sensation and movement in the arm and hand.

 

What causes Erb’s Palsy?

 

In some births, and in particular those involving large babies, the baby’s shoulder may become stuck behind the mother’s pubic bone after the head is delivered. This complication is called shoulder dystocia.

 

When shoulder dystocia occurs, it is inappropriate to pull excessively or downward on the baby’s head to deliver it. Such pulling causes the head to come away from the stuck shoulder. This stretches and tears the nerves in the brachial plexus and in severe cases, tearing them from the spinal cord. Unfortunately, we see from an investigation of the records, cases where this birth complication is not dealt with appropriately.

 

The nature and extent of paralysis depends on the amount of stretch force.  As the baby’s shoulder and head move apart. Paralysis falls under four primary classifications: avulsion, rupture, neuroma and neuropraxia.

 

What are the symptoms of Erb’s Palsy?

 

Depending on the severity of the nerve damage, symptoms can include:

 

  • Lack of power in fingers and thumbs,
  • Reduced bone growth in the affected hand and arm
  • Reduced flexibility in the affected arm
  • Reduced sensation in the affected arm and hand

 

How common is Erb’s Palsy?

 

One or two out of every 1000 babies present with Erb’s Palsy. With greater awareness, knowledge and training in the medical community on how to appropriately deliver babies that encounter shoulder dystocia, it has been seen that while the incidence of shoulder dystocia is increasing year on year, the incidence of Erb’s Palsy is falling.

 

How is Erb’s Palsy treated?

The treatment depends on the severity of the injury.  Usually exercises and physical therapy is recommended once a baby reaches the age of three weeks. Erb’s Palsy is best rehabilitated through timely interventions such as:

 

  • Physiotherapy
  • Occupational Therapy
  • Surgery (such as nerve graft, muscle transfer or tendon transfer)

 

 

What are the outcomes if treatment does not work?

 

While some cases of Erb’s Palsy respond well to early intervention and treatment this is not always the case. If someone with Erb’s Palsy does not recover function early, they are likely to have a permanent lifelong disability in the arm.

 

 

Is it possible to seek compensation for an Erb’s Palsy birth injury?

 

Yes. There are established manoeuvres that can help release the obstructed shoulder without resorting to inappropriately pulling on the baby’s head. If an obstetrician or midwife has not appropriately managed the shoulder obstruction, and has resorted to excessive or downward pulling on the baby’s head, then that could be a breach of duty of care.

 

If there is an indication during the pregnancy that the baby will likely be large, then the risks of delivering a large baby, such as shoulder dystocia should be discussed with an expectant mother. This is so that an informed decision can be made as to the mode of delivery: vaginal birth or caesarean section. Risk factors would include:

 

  • Shoulder dystocia in a previous birth
  • A maternal family history of large babies
  • The mother has diabetes
  • The second stage of labour is prolonged

 

If you believe that your child developed Erb’s palsy as a result of a breach of duty of care, your child may be entitled to compensation. While parents may hope the issue resolves over time or with treatment it is advisable to speak with an experienced Medical Negligence solicitor as early as possible.  Medical Negligence cases can take a number of years to reach a conclusion.  It is important to gather all relevant information at the outset.  A Medical Negligence Solicitor can request access to medical records and engage independent medical experts to establish if there was any negligence on the part of the medical team.

 

How do I make a Medical Negligence Claim for an Erb’s Palsy birth injury?

 

Once an independent medical expert has advised your solicitor that they believe negligence did occur you can instruct your solicitor to begin the process of issuing legal proceedings against the medical team and the hospital. It is important to note that the legal time limit to make a medical negligence claim is two years from the date of injury, or knowledge of the injury.  In the case of children, the time limit expires two years after they reach the age of eighteen.

 

If you have any questions about issues raised in this article you can contact Johan Verbruggen of our Medical Negligence team on 091 865 000.

 

*In contentious business, a solicitor may not calculate fees or charges as a percentage or proportion of any award or settlement.

Overcrowding impacts Emergency Department Medical Negligence claims

Overcrowding impacts Emergency Department Medical Negligence claims

The staff at hospital Accident and Emergency Departments provide vital and valuable services to the entire community.  However, Emergency Department Medical Negligence claims account for almost 15% of all Medical Negligence claims.  The most recent studies have shown a 50% increase in the number of reported ‘clinical incidents’ in emergency medicine over a four year period. Overcrowding in Emergency Departments lengthens waiting times and means staff work in increasingly difficult conditions.  Here we examine how this can lead to Emergency Department Medical Negligence claims.

 

How does Emergency Department Medical Negligence arise?

 

Emergency department medical negligence claims can arise in the following ways:

  • Failure to recognise an acute condition e.g., appendicitis, meningitis, evolving stroke;
  • Premature discharge, transfer or step-down from an acute hospital setting;
  • Failure to adequately note, record or review a patient’s pertinent medical history;
  • Failure to access timely investigative imaging e.g., MRI/CT/Ultrasound/X-ray.
  • Discharging a patient without the appropriate referral and/or safety netting advice regarding their health or in the event of potential deterioration.

 

Delayed Diagnosis or Delayed Treatment

 

More than 1.5 million patients attend Emergency Departments annually, with record numbers attending in 2022.  The seasonal rise in the numbers attending Emergency Departments over the winter presents additional challenges to an already stretched healthcare system. Delays in ambulance response times, triage, diagnostic testing and initial diagnosis all lead to delayed treatment. This delay in providing treatment can cause further illness, deterioration in the patient’s condition, poorer outcomes and even death.

The Emergency Medicine Programme for Ireland recommended an advisory target that 95% of patients should be either admitted or discharged within a 6-hour window of arrival at the ED.

The 2021 National Inpatient Experience Survey conducted by HIQA reported that of a cohort of 7239 presentations to A&E, 5135 (71%) said they waited more than the recommended 6 hours before being admitted. Of those, 305 people reported waiting more than 48 hours before they were admitted.

Even before the effects of the COVID-19 pandemic were felt by our A&E Departments the 2019 National Inpatient Experience Survey found that 70% of people reported being admitted to a ward within the target waiting time of 6 hours and 4% of over 8000 patients report they were waiting 48 hours or more before admission to a ward for appropriate treatment.

 

Misdiagnosis in the Emergency Department

 

Emergency Department Misdiagnosis is not uncommon. Patients present in often busy, overcrowded conditions to medical staff with a high workload. Overcrowding, delay and misdiagnosis are inextricably linked. Studies have shown that misdiagnosis can occur in 1 in every 9 patients admitted through the Emergency Department.

A 2021 analysis conducted by the UK Royal College of Emergency Medicine concluded that 4519 excess deaths were directly as a result of overcrowding and delays of 12 hours or longer. Adjusting these figures to reflect the population of Ireland (5 million  v 68 million), 316 people a year could be dying in this country because of overcrowding, delay and misdiagnosis.

Misdiagnosis can also have severe medical implications, including the development of secondary conditions which have the obvious effect of exacerbating conditions and increasing hospital stays which lead to poorer patient outcomes.

 

Failure to Diagnose Acute or Underlying Conditions

 

When patients present at an Emergency Department they are often unable to provide clear information regarding their injury or illness. Many may be distressed or disorientated and unable to give a complete medical history.

In addition, some acute conditions require critical and prioritised care such as major trauma, acute coronary events, embolisms, an evolving stroke, meningitis, appendicitis and cauda equina syndrome. Often however the failure to appreciate these critical, time sensitive conditions arises from the fact that the patient isn’t triaged properly or medically assessed in an appropriate time frame by a Doctor.

 

Failure to order or carry out diagnostic tests and scans

 

The failure to diagnose conditions is often as a result of the failure to order the appropriate investigative imaging in time or at all. This issue is often felt more acutely at the weekends and on public holidays when other imaging facilities, which patients may be sent to as alternatives, are closed. These include x-rays, MRI, CT scans and ultrasounds.

 

Poor follow up advice

 

It is essential that safety netting advice is offered to patients on discharge in the event that their condition worsens or deteriorates. The failure to offer this advice leaves the patient, who is already in a vulnerable condition, unaware of the need to re-attend when certain symptoms are felt.

LISTEN BACK: Interview on The Pat Kenny Show on Newstalk. Interview starts at 1 hour 34 minutes.

 

Making a claim for Accident and Emergency Medical Negligence

 

If you believe that you have experienced inadequate medical care in and Accident and Emergency department you may be entitled to make a claim for medical negligence.

 

How do I make an Accident and Emergency Medical Negligence Claim? 

You have two years from the date the negligence occurred, or the date that you discovered that the effect of the injury was not treated properly, because of medical negligence, to start court proceedings, with some exceptions:

  • Where a child has been injured as a result of negligence, court proceedings can be commenced any time before their 20th birthday.
  • There are no time limits to make a claim on behalf of someone who lacks the mental capacity to take their own case.

 

While it may be the case that you have months or even years to commence court proceedings, it is strongly advised that you engage a solicitor to investigate the injuries arising from potential negligence in the A&E Department you or a loved one visited. This will enable us to gather medical evidence such as hospital records and expert reports in support of your claim.

 

If you have any questions about the issues raised in this article you can contact our Medical Negligence team.

What to do if you are in a car accident

What to do if you are in a car accident

Dealing with the unexpected scenario of any accident is difficult. In the moment it can be hard to know what to do. Caroline McLaughlin is a Partner in our Personal Injuries Department. Here she outlines some key points to consider if you are involved in a car accident.

 

What to do at the scene of a road traffic accident

 

  • The first thing to do if you are involved in a car accident is to safely stop the car as soon as possible.
  • You should notify Garda of any accident that you are involved in. They will either attend at the scene or may investigate afterwards.
  • Find out how everyone is following the accident. Asking someone if they are ok is not an admission of Liability. So often when taking instructions regarding the circumstances of an accident a client will state “they didn’t even ask if I was ok.” While there is no doubt that people are uncertain as to what to do human nature should dictate that the main concern after any accident should be to enquire as to the wellbeing of those involved. Such enquiries are not an admission of Liability.
  • You should never leave the scene of an accident. If you do you may face a criminal prosecution.
  • If no Gardai can attend exchange insurance particulars and details. Take note of key details; time, location, weather conditions, the number of passengers in the various cars involved as you will need to notify your insurance company of such details. If Gardai are not present you should document these details as soon as possible as an aide memoir.
  • Take photographs where possible of any vehicle damage, registration plates, skid marks on road.

 

What to do after you have been involved in or witness a car accident

 

  • Retain any dash camera footage.
  • Notify your insurance company immediately regardless as to whether you feel blames rests with you or not. You are obliged to notify your insurance company regardless and it will protect your interests in the event that a claim is brought against you.

 

LISTEN BACK: Caroline McLaughlin interviewed on The Pat Kenny Show on Newstalk. Interview starts at 2 hours 45 minutes.

 

Car accident clams and compensation

 

  • If you receive a Letter of Claim/ Letter of demand in the days following an accident you should immediately notify your insurance company. They will deal with such correspondence for you. Do not reply to the letter yourself. Furthermore, you do not need to reply via Solicitor. Simply notify your insurance company and send them a copy of the letter. This is the purpose of your insurance cover.
  • If your vehicle is damaged and is brought to a garage you should note that you will only recover reasonable storage charges and accordingly, efforts should be made to either resolve matters with the other insurance company or claim through your own comprehensive cover. Your own insurance company will then seek to recover their outlays through the relevant party.
  • If your vehicle is deemed to be a write off, you will only recover the net book value of the car not what you feel that you would be able to sell it for or the value is has to you.
  • If you are injured, you should seek legal advice as soon as possible.
  • By Law you must issue a Letter of Claim within 1 month of the accident date. If you fail to do so a Judge shall draw inferences as appear proper and either refuse legal costs or reduced legal costs accordingly where the interests of justice require.

 

If you have questions about any of the issues raised in this article you can contact Caroline McLaughlin, Partner in the Personal Injury Practice Area of Callan Tansey Solicitors, on 071 916 2032.

 

*In contentious business, a solicitor may not calculate fees or charges as a percentage or proportion of any award or settlement

What to Do If You Experience Domestic Abuse in Ireland

What to Do If You Experience Domestic Abuse in Ireland

Domestic abuse can take many forms. These include physical violence, sexual abuse, emotional abuse, intimidation, financial and economic abuse and coercive control.  Here our Orlagh Sharkey, Head of Family Law, outlines the various steps you can take if you are experiencing domestic abouse.

 

If you are subject to domestic violence you can make immediate applications to the District Court for orders such as an Interim Barring Order or Protection Order. These applications can be made to a District Court Judge at relatively short notice to the Court Clerk. If there is an immediate risk of danger to you an emergency order can be obtained on a temporary basis until the full hearing of your case before the court.

 

What is the Difference Between a Safety Order, a Barring Order and a Protection Order?

 

 

Safety Order

A Safety Order is in order of the court which prohibits a person from further violence and threats of violence. There is no obligation on the party whom a Safety Order is made against to vacate the home. If the person does not reside with you the Safety Order can prohibit them from watching or being near your home to include restricting communication with you.

 

Barring Order

A Barring Order on the other hand directs the abusive person to vacate the home. It prohibits the person from entering a place until further order of the court or until such time as specified by the court. A Barring Order can prohibit the person from using threatening behaviour or violence against the person or molesting or putting in fear the person. It also prohibits them from watching a place where the person resides and engaging in communication electronically or otherwise or following the applicant. A Barring Order can remain in place for up to 3 years after its initial ordering and it can be renewed if necessary.

 

Protection Order

If you have applied for a Safety Order or a Barring Order and you are awaiting a hearing before the court it is possible to obtain an interim order. This is an order which lasts until the hearing of your case.  Such an order is a Protection Order and it is granted in circumstances where there are reasonable grounds for believing that the safety or welfare of a person requires the making of a Protection Order.  An application for a Protection Order can be made Ex parte.  This means that the person against whom the order is made is not aware of the application for the order.

 

When there is an Immediate Risk of Harm from Domestic Abuse

 

If there is an immediate risk of significant harm to you or a dependent person you can make an immediate application to the court for an emergency Barring Order which will require the abusive person to vacate the home immediately and prohibits that person from re-entering the home. Such an order can be obtained in the District Court and will last for eight days at which point an application for a permanent Barring Order should be made.

 

When to Seek Help For Domestic Abuse

 

Any person living in a controlling or abusive relationship should seek help. There are many supports available through Women’s Aid and the Domestic Violence Advocacy Services which will support a person in making the necessary court applications. Coercive control and domestic violence can have a detrimental effect on one’s confidence and general well-being and as a result it is best to avail of help immediately and obtain the protections of the court.

 

In my experience of dealing with victims of domestic violence the situation does not get better with time but rather worsens. The effects of a violent relationship are long-lasting on the adults and children involved. It is therefore advisable that any person who is suffering abuse at the hands of another person would seek immediate assistance.

 

If you have any questions about the issues raised in this article you can contact Orlagh Sharkey by email or phone on 071 916 2032.

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