Compensation for a Casualty Department Misdiagnosis Approved

by | May 9, 2013

A grieving family have had a settlement of compensation for a casualty department misdiagnosis approved after hearing a statement read out in court apologising for the healthcare that resulted in death of their son.   

The parents of eight-year-old Richard de Souza made their claim for compensation for a casualty department misdiagnosis following the events of February 2011, when Ralmon and Flavia de Souza attended the A&E department of the Midland Regional Hospital in Portlaoise with their son who was suffering from chicken pox.

The two parents were concerned about a large swelling under Richard´s left arm that was hot to touch and were told by a doctor at the hospital that Richard had developed an infection. The doctor prescribed a three-day supply of antibiotics and sent the family home.

However, later that evening, Richard developed a great thirst and became delirious. The following morning he complained of feeling the need to vomit before passing out at the family home in Athy, County Kildare. An ambulance was called, but Richard was in a state of cardiac arrest when paramedics arrived and he was declared dead on arrival at the Midland Regional Hospital.

At the High Court in Dublin, Ms Justice Mary Irvine heard that Richard´s cause of death was a streptococcal infection which led to toxic shock syndrome. She was told that a patient displaying a high temperature and high pulse and heart rate would normally be admitted to hospital straight away and that had Richard been administered intravenous antibiotics at the time it would have saved his life.

The judge also heard that Ralmon de Souza had to be hospitalised due to the severity of the nervous shock he sustained on hearing about his son´s death and, because of Ralmon´s grief, eight-month pregnant Flavia de Souza had to attend her son´s funeral alone. Both parents were diagnosed with Post Traumatic Stress Disorder following Richard´s death.

As part of the €160,000 settlement of the de Souza´s claim for a casualty department misdiagnosis, an apology was read out in court apologising for the mistakes which led to Richard de Souza´s death. After hearing the apology, Ms Justice Mary Irvine approved the settlement of compensation for a casualty department misdiagnosis.

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