Wrongful Death Claim Admitted By Hospital

by | Feb 21, 2012

The family of a man who died in hospital due to “an unjustifiable delay” in his treatment have received an apology from the hospital in question and 500,000 Euros compensation in settlement of their wrongful death claim.

Barry Murphy (38) from Carrigaline, County Cork, was known to suffer from Crohn´s Disease – but was generally in good health – when he was admitted to the South Infirmary–Victoria University Hospital on the morning of 24th April 2008 complaining of abdominal pains. Barry was diagnosed with a perforated bowl but, by the time the hospital operated on him, parts of his body had already shut down due to septic shock and he died at 11.15pm the same evening.

Barry´s widow, Mary, claimed that the hospital had not cared for her husband by failing to operate on him in time, and that they were guilty of medical negligence in the avoidable and wrongful death of her husband. The South Infirmary–Victoria University Hospital initially denied the claims, but in front of Mr Justice John Quirke at the Dublin High Court apologised to the family and admitted that the level of care that was provided for Barry fell short of an acceptable standard.

The apology and admission of liability for Mary Murphy´s wrongful death claim was accompanied with an offer of compensation for delayed treatment amounting to 500,000 Euros. Mr Justice John Quirke approved the settlement, once he had Mary Murphy´s agreement that it was acceptable, and extended his sympathies to Mary and her two daughters – commenting that what had happened to Barry was “unthinkable” and “tragic”.

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