Injury Compensation News

Professor John Crown, a consultant oncologist, writing recently in The Irish Independent, said that the HSE and Department of Health and Children together “comprise one of the least ethical organisations that I have ever dealt with”. Professor Crown goes on to describe the HSE as “secretive, self-serving, dishonest, incompetent and unintelligent.”  He concludes, with an interesting historical comparison, that the “corruption and incompetence” of the HSE is effectively a form of Stalinism.
These comments are interesting from the point of view of anyone trying to make a medical negligence claim or hospital negligence claim related to one of the HSE’s services.  The management problems that increase the likelihood of negligence are compounded by the way the HSE deals with its own negligence.  It’s really no surprise that the Injuries Board Ireland refuses to deal with cases against the HSE.

There have been many stories over the past few weeks in Irish newspapers about the deaths of children in state care.

The stories have been confusing, not least by the fact that factual information was simply not available when the story broke.  The Sunday Business Post was the first newspaper to focus on the story and produced estimates of as high as 200 deaths over the past 10 years. These numbers are based on extrapolating recent confirmed figures.  After multiple efforts to produce accurate information, the government finally released a figure of 188 deaths.

Opposition politicians have repeatedly used the word ‘negligence’ and Eamon Gilmore has blamed the “dysfunctionality in the HSE”.  The current budget for child and family services is €536 million, which is clearly a huge sum of money and points to management problems rather than lack of resources.  Indeed, the government has announced a new senior position within the HSE to help prioritise spending.

Did the authorities, especially the HSE,  have a duty of care for children that are placed in their care?

Clearly the answer is yes.

Is the HSE responsible for all of these deaths?

Certainly not.  Many of the teenagers were clearly troubled and short of placing them in prison, there was very little the state could do to prevent them from leaving their state-provided homes.

Is the HSE responsible for some of these deaths?

The Minister for Health Mary Harney clearly blames the HSE. The minister has recently written to the Board of the HSE to point out that the HSE is in breach of numerous statutory duties in relation to foster care services.  A copy of this letter would be very useful evidence in an case brought against the HSE.  At the very least, there’s probably a lot of cases where the HSE is guilty of contributory negligence.

The report of the Commission to Inquire into Child Abuse, known as the Ryan report, has already identified all the key measures required to reduce or prevent child abuse and neglect. The measured outlined by Justice Seán Ryan include providing a uniform approach to dealing with child protection; greater emphasis on preventive measures and family support; and ensuring all children in care are assigned a social worker and personalised care plan.

Do you or a family member have a negligence claim against the HSE?

Every single case will be different. The only way to determine if you have a case is to talk to a solicitor.

Publicans Concepta and Seamus Kelly have defended themselves in the High Court last week in a lawsuit taken by the estate of a man killed in a car crash after consuming excessive alcohol in their pub.  The case was taken by the estate of John Connolly who caused a fatal car accident when driving three times over the legal limit for driving.
The car accident happened in the late afternoon after Mr Connolly had been drinking since 11.30 am in the Diamond Bar in Tullaghan, Leitrim.  Mr Connolly’s car collided with a car carrying a mother, Mary Flanagan, and daughter, Anne McSorley, resulting in injuries to the mother and the death of the daughter.  Mrs Flanagan has already settled an injury compensation case for the car crash for €275,000.
The current contributory negligence case in the High Court is between the estate of Mr Connolly and the owners of the pub that served him alcohol, Concepta and Seamus Kelly, who have defended themselves against allegations that they acted negligently and in breach of their duty of care in serving excessive alcohol to Mr. Connolly.  Perhaps crucially, it was alleged that they knew or ought to have known that he would drive on a public road.
Concepta Kelly defended herself in court saying “It is up to the individual themselves to know their own body. There are people who can drink and drive with three or four pints and people who cannot drive with one” Mr Justice Kevin Feeney has adjourned the case for one month.