Settlement of Claim for Fatal Hospital Errors Approved at Court

by | Dec 3, 2013

A family from Dromahair in County Sligo have heard the settlement of their claim for fatal hospital errors approved in the High Court following the death of Dhara Kivlehan three years ago from avoidable multiple organ failure.

On 20th September 2010, Dhara (29) was admitted to Sligo General Hospital for the delivery of her first child after having experienced painless contractions for two days. Dhara was two weeks passed her due date and, on examination, was exhibiting signs of pre-eclampsia – high blood pressure and fluid retention around her ankles (also known as oedema).

Blood taken from Dhara showed that she had abnormal kidney and liver function (a further symptom of pre-eclampsia), but no action was taken due the results of the blood tests not being communicated to Dhara´s doctors for twelve hours. The morning following her admission, Dhara gave birth to her son -Dior – by Caesarean Section and was transferred to a side room off of the main Maternity Ward.

While Dhara was in the side room, her condition started to deteriorate, but it was not until 4.45pm the following day that she was transferred to the Intensive Care Unit at Sligo General Hospital. At 11.00pm that evening, Dhara´s condition became critical and she was air-lifted to the Royal Victoria Hospital in Belfast to receive specialist treatment.

Dhara died four days later due to multiple organ failure secondary to HELLP syndrome – a variant of pre-eclampsia – but, as yet, both the Belfast coroner and the Sligo coroner have declined requests to conduct a post-mortem.

Dhara´s husband – Michael – believing that the symptoms of haemolysis, elevated liver enzymes and a low latelet count were not identified and treated in time to prevent his wife´s death, made a compensation claim for fatal hospital errors against the Health Service Executive (HSE) – alleging that the Sligo general Hospital had breached its duty of care and that the care provided for Dhara once she had given birth to Dior was negligent.

The HSE denied that there had been a failure in the duty of care by Sligo General Hospital in the treatment that Dhara had received, but Michael persevered with his claim, and a court hearing was scheduled to determine whether the HSE had a case to answer.

Shortly before the claim for fatal hospital errors was due to be presented in court, the HSE acknowledged that there had been shortcomings in the care provided for Dhara both before and after the birth of her son, and an €800,000 settlement of compensation for fatal hospital errors was negotiated.

At the High Court in Dublin, the family heard a statement read out to them in which the HSE apologised unreservedly for the errors that had been made which led to Dhara´s death and offered their condolences to Michael and Dior.

Following the apology, Ms Justice Mary Irvine approved the settlement of compensation for fatal hospital errors, and also used the opportunity to criticise the HSE for “holding out until almost the bitter end” before admitting liability, and consequently causing the Kivlehan family unnecessary distress.

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