The High Court has heard that a family has settled its compensation claim against the HSE, made after the death of Eileen Maloney at Mayo General Hospital in February 2009.
Eileen (69) from Pullathomas in County Mayo had been admitted to Mayo General Hospital on 1st February 2009 complaining of a severe pain in the abdomen. Because it was the weekend and no doctor was available, the family alleged that an X-ray showing an obstruction in her small intestine was not reviewed and her perforated bowel misdiagnosed.
It was not until the following Friday that Eileen was given a CT scan – which revealed a tumour had developed in her large bowel – but despite Eileen being in constant pain, surgery was not scheduled until the Thursday of the next week. The family claimed in their action against the HSE that, had this scan be reviewed properly, Eileen´s perforated bowel would have been identified and surgery brought forward.
Eileen died five days after the operation to remove the tumour, and the family alleged in their compensation claim against the HSE they were told that Eileen – who was suffering from cancer – would have survived the surgery, and would have had at least six months to live, had the correct diagnosis been made at the time of her admission and the appropriate treatment provided.
Mayo general Hospital and the HSE denied their responsibility for Eileen´s wrongful death and disputed the family´s right to claim compensation for mental anguish due to hospital negligence. However, at the High Court, Mr Justice Michael Peart was told that an agreement had been reached which would see the compensation claim against the HSE settled for €50,000 without admission of liability.
After hearing the circumstances of Eileen´s death – which Mr Justice Michael Peart described as “very, very tragic” – the judge approved the settlement of the family´s claim.