Legal »

State will pay portion of medical malpractice bills

The Department of Health has told hospital consultants it is prepared to pick up the bill for any portion of a compensation payout above €1.5 million made in respect of malpractice by consultants exclusively in private practice.

The concession, which would ultimately hit the taxpayer, is on offer in a bid to get consultants to sign up to a proposed new system of insurance cover for medical malpractice.

Women to issue malpractice claims

The Department of Health has told hospital consultants it is prepared to pick up the bill for any portion of a compensation payout above €1.5 million made in respect of malpractice by consultants exclusively in private practice.

The concession, which would ultimately hit the taxpayer, is on offer in a bid to get consultants to sign up to a proposed new system of insurance cover for medical malpractice.

Family of dead baby boy to receive €65,000 in health board settlement

The High Court has approved a settlement of €65,000 for the parents and three of the siblings of a baby boy who died two weeks after his delivery at Sligo General Hospital.

Dean and Samantha Weaver, Mohedian House, Croghan, Boyle, Co Roscommon, had sued the North Western Health Board for loss and injury and mental distress arising from the death of their son, Jacob, on January 30th, 1998, 15 days after he was delivered at Sligo General Hospital.

Report outlines errors at Galway Hospice

Six errors causing patient harm occurred in the treatment of 425 patients in the two years prior to May 2003, according to a report reviewing medication management practices in Galway Hospice.

This is a patient harm error rate of 1.4 per cent compared to a nationally stated figure, estimated using the Harvard Medical Malpractice Study, of 4 per cent.

Garda settles claim for personal injury

A garda who claimed he had been injured as a result of bullying by superiors has settled his €38,000 damages claim for an undisclosed sum.

Garda Harry O'Mahony told Judge John O'Hagan in the Circuit Civil Court yesterday he was ordered to move heavy furniture as a "punishment detail". He told his counsel, Mr Pat O'Connell, he had at first been directed to move it on a trolley from first-floor level to ground-floor level.

Number of personal injuries cases rises by 122%

The number of personal injuries cases rose by 122 per cent last year while murder and manslaughter cases increased by 18 per cent, according to new statistics published by the Courts Service today.

The 2007 Courts Service annual report highlights a rise in killings brought before the courts, from 33 in 2006 to 39 cases last year. The number of rape cases to come before the courts increased by 26 per cent to 73 in 2007.

Court makes record personal-injury award of €4.5 million

The High Court has approved what is believed to be the largest settlement in a medical-negligence action.

A total of €4.5 million was awarded against the National Maternity Hospital on behalf of an Irish-born child of Israeli parents who suffers from cerebral palsy.

The child, Haya Shiri Kraft, who sued through her father - Mr Amir Kraft - suffers from severe brain damage.

Thousands of personal injury cases still going to court

Thousands of people with personal injury claims are opting to pursue them in the courts rather than staying with the new "lawyer-free" system set up to handle such cases, writes Paul Cullen , Consumer Affairs Correspondent.

Almost 40 per cent of assessments made by the Personal Injuries Assessment Board (Piab) in the first two-and-a-half years of its existence have been rejected by claimants, figures obtained by The Irish Times reveal.

Shot garda gets €1m compensation

A High Court judge has awarded almost €1 million compensation to a garda who was shot in the knee by armed raiders during a bank robbery.Ms Justice Mary Irvine praised the bravery of Garda Peter O'Connor, who with two other gardaÍ received Gold Scott Medals as a result of the incident.

Garda O'Connor (45), who was attached to Store Street Garda station, Dublin, at the time of the incident in March 1995, may have to have his leg amputated at a future date, the court heard.

Widow of Garda sergeant burned in station takes High Court action for compensation

The widow of a Garda sergeant burned to death in Tallaght station, Co Dublin, has taken a High Court case for compensation. Mrs Yvonne Callanan has taken the proceedings against the State under the Garda Compensation Acts.

Chief Supt Noel Smith told Mr Justice O'Sullivan yesterday that the late Sgt Andrew Callanan's career prospects had been first-class. Mr Callanan was promoted to sergeant at the age of 30 and had passed his inspector's exams at the time of his death.

Postman begins compensation case for injury

A Dublin postman who claimed he injured his back when pushing a letter through a low level letterbox began proceedings in High Court for damges from the manufacturers of the door.

Mr Anthony Clabby, of Woodlawn View, Santry Dublin brought his action against Global Windows Ltd with a registered place of business at Lagan Road, Dublin Industrial Estate, Dublin. Global has joined An Post as a notice party in the proceedings.

Injured garda awarded €260,000 compensation

A garda who was beaten up when called out to a domestic dispute, and who has since been retired on medical grounds, has secured compensation of more than €260,000 at the High Court.

Mark Piper (42) of Crossmahon, Bandon, Co Cork, brought the claim against the Minister for Finance under the Garda SÍochÁna (Compensation) Acts, arising out of the incident at Kilcrea, Ovens, Co Cork, on October 3rd, 1997. Mr Piper was retired from the force on medical grounds on November 2nd, 2002.

€250,000 award for medical negligence

A MAN has secured some €250,000 in damages from the High Court for serious injuries suffered after he contracted severe pancreatitis as a result of medical treatment which was admitted to be negligent.

Mr Justice John Quirke said he was satisfied Brendan Ward was gravely ill after the May 1998 procedure which led to his pancreatitis, which required major surgery, and he was unable to stand for his wedding in September 1998 due to his debilitated condition.

Widow claims medical negligence

The widow of a German man who lived here for many years has taken a High Court action for damages for alleged negligence arising from the circumstances of her husband's death at Beaumont Hospital in Dublin.

Alfred Gottstein (53) died on September 19th, 1992, while in intensive care after an operation for a growth on his throat.

Ms Ute Gottestein, his widow and executrix of his estate, is suing the hospital and Prof Michael Walsh, a surgeon, under whose care her husband was stated to have been at the time.

Another doctor faces allegations of negligence

A consultant obstetrician at the same hospital as Dr Michael Neary is also facing allegations of medical negligence over the treatment of several women.

The first of a number of High Court civil actions against Dr Finnian Lynch of Our Lady of Lourdes Hospital, Drogheda, is due to come before the court later this year.

The case involves a woman who claims the doctor acted negligently in a series of operations which resulted in her losing her womb and her ovaries. She had major vaginal repairs carried out in another hospital subsequently.

Man sues hospital for negligence

A retired farmer, local historian and writer became quadriplegic following a hospital procedure, it has been claimed in the High Court.

Mr Sean Cloney (71), Dungulph, Saltmills, near Fethard-on-Sea, Co Wexford, had full power in his limbs before an operation at the Mater Hospital in Dublin, it was alleged yesterday.

Woman lost fingers after work accident

A young woman who had three fingers amputated after her hand got caught in a machine during her first job has brought a High Court action for damages.

Clodagh McNally, Freffans, Trim, Co Meath, sued envelope manufacturers Trimfold Ltd, Duggan Industrial Estate, Athboy Road, Trim, for damages arising from the accident that happened when she was a production operative on May 21st, 2002.

Man dies in Tipperary workplace accident

A man has been killed in a workplace accident in Co Tipperary.

The 35-year-old man died after reportedly falling down a stairwell at the Tipperary Mineral Water plant in Borrisoleigh.

He was pronounced dead at the scene and his body was taken to Nenagh General Hospital for a postmortem examination.

Deaths in work accidents up a third last year, says HSA report

DEATHS IN work-related accidents rose by almost one-third last year, according to the Health and Safety Authority's (HSA) annual report which was launched yesterday by Minister for Labour Affairs Billy Kelleher.

Some 67 people lost their lives in work accidents during 2007, compared to 51 the previous year.

Work accidents toll 'appalling', Broughan says

The number of deaths every year from accidents at work was "absolutely appalling", the Dail was told. Mr Tommy Broughan (Lab, Dublin North-East) said the Government had a "major responsibility" to answer for the lack of resources given to the Health and Safety Authority, which inspects work sites. The Government had "given such paltry resources to this vital piece of legislation". Mr Broughan said there were 45 occupational deaths a year, including 17 in the construction industry. That was "utterly unacceptable", he told the Minister of State for Enterprise, Mr Tom Kitt, when he asked the Minister what precautions he was taking to protect construction and other workers.

Man awarded €1.2m for work injury

A BUILDING worker who suffered brain damage when he fell six metres (20ft) from a raised forklift platform has secured €1.2 million in settlement of his High Court action for damages.

Peter Lenagh, Ashveagh, Benburb, Co Tyrone, had sued his employer, Martin Casey, trading as JMC Engineering of Brantry Road, Dungannon, Co Tyrone, and quarrying company Kilsaran Concrete Ltd, Piercetown, Dunboyne, Co Meath. The defendants had denied liability for the injuries.

Doctor claims injury at work limited career prospects

A GALWAY anaesthetist who claims her career prospects have been seriously limited by severe back pain, allegedly due to injuries sustained while helping to lift a seriously ill hospital patient, has sued the HSE for damages.

Louise Slevin (34) claims that had she not suffered the injuries, she would have progressed to the position of consultant anaesthetist. She claims she has been in almost permanent excruciating pain from twisting her back while attempting to lift a seriously ill patient who had fallen out of a bed in the intensive care unit of University College Hospital, Galway, on April 8th, 2002.

Work injuries under scrutiny

Relatively few back injuries occur due to a single event. The conventional wisdom that workers should always bend the knees and not the back when lifting may not be correct. And those responsible for designing work should ensure that the most demanding bending loads on the low back are not undertaken shortly after rising from bed.

These are just some of the provocative propositions that participants at a major Irish national conference on work-related musculoskeletal disorders heard last summer.

Injured garda awarded €260,000 compensation

A garda who was beaten up when called out to a domestic dispute, and who has since been retired on medical grounds, has secured compensation of more than €260,000 at the High Court.

Mark Piper (42) of Crossmahon, Bandon, Co Cork, brought the claim against the Minister for Finance under the Garda SÍochÁna (Compensation) Acts, arising out of the incident at Kilcrea, Ovens, Co Cork, on October 3rd, 1997. Mr Piper was retired from the force on medical grounds on November 2nd, 2002.

€3.35m awarded over birth injuries

A BRAIN-damaged man has secured a €3.35 million settlement in his action alleging negligence in the circumstances of his birth at Limerick Regional Maternity Hospital.

Geoff Sadlier's life had been "completely devastated" by the injuries suffered, Mr Justice Vivian Lavan was told.

Through his mother Elaine, Whitehorn Drive, Cathderdavin Heights, Limerick, Mr Sadlier (24), had sued the HSE and a doctor. Negotiations are to take place later between the defendants related to the distribution of liability for the settlement.

€485,000 for girl (10) for alleged birth injuries

A 10-YEAR-OLD girl has secured €485,000 in the High Court as a result of a shoulder and arm injury allegedly received at birth.

Erica Dineen sued through her mother Nora, the Park, Galbally, Co Limerick. The action was taken against the HSE and Murshid Ismail, a junior doctor in paediatric medicine. The settlement was made without admission of liability by either defendant.

Birth injuries due to prescription drug, court told

A YOUNG girl suffered serious injuries at birth due to alleged negligence by psychiatrist Prof Patricia Casey and a consultant obstetrician Dr Mary Hol0han in the treatment of her mother before and during her pregnancy, it has been claimed at the High Court.

It is claimed that Rebecca McGillin, now aged eight, was exposed to a risk of injury as a result of alleged failure of the defendants to properly assess the nature and type of prescription drugs being taken before and after pregnancy by her mother Lisa Glynn McGillin, who, it is claimed was diagnosed by Prof Casey some years earlier as having mild bi-polar disorder.

Birth injury case settled for €4.5 million

A six-year-old permanently brain-damaged boy is to receive €4.5 million, plus costs, in settlement of his lengthy legal action against the National Maternity Hospital alleging negligence in the management of his birth.

The hospital is facing a total legal costs bill estimated at €4 million arising from the action.

Legal papers issued against HSE in fatal cancer misdiagnosis case

High Court proceedings were yesterday instituted against the Health Service Executive (HSE) for damages concerning the fatal misdiagnosis of Kilrush cancer victim Edel Kelly (26).

Solicitor for the Kelly family Eugene O'Kelly confirmed the legal papers have been issued in the name of Ms Kelly's partner, Noel McGreene, on behalf of their two children, now aged eight and five.

Third cancer misdiagnosis set to emerge, says Drumm

THE CHIEF executive of the Health Service Executive, Prof Brendan Drumm, has confirmed a third case of cancer misdiagnosis is expected to come to light soon and that medical files have been taken from Ennis General Hospital for assessment at another facility.

Last night, Minister for Health Mary Harney said she believed the HSE was investigating another case of delayed diagnosis, which she was yet to receive facts about, that may not involve a fatality.

Two more cases of cancer misdiagnosis in northeast

THE NUMBER of patients in the northeast whose cancer was misdiagnosed as a result of tumours not being spotted on initial chest X-rays rose to six yesterday.

A risk manager with the Health Service Executive in the region confirmed during a meeting with Louth Oireachtas members that two other patients in addition to four already known about had been misdiagnosed.

Breast cancer misdiagnosis reports to be published tomorrow

THE THREE reports into the breast cancer misdiagnosis scandal at Portlaoise hospital are expected to be published tomorrow.

Legal issues relating to one of the reports have been resolved and the Health Service Executive (HSE) and Department of Health say their publication is imminent.

Woman awarded €850,000 over fatal car accident

The High Court has approved a settlement of €850,000 for the family of a 47-year-old man from Northern Ireland who was killed in a road accident in Co Louth eight years ago.

Brendan Magennis of Glenarm, Co Antrim, died in tragic circumstances when his car was hit by one truck and then run over by another on the Dublin to Belfast Road on July 30th, 1998.

Car accident victim awarded EUR2.5m

A young woman who suffered severe head and other injuries following a car accident more than 10 years ago is to be paid €2.5 million under the terms of settlement of her action approved by the High Court yesterday.

A large portion of the settlement sum is towards her care in the future.

Passenger injured in car accident settles action for damages

A co Cork man who suffered "horrific and life-threatening" injuries when the vehicle in which he was a passenger left the Cork-Fermoy road and struck a fence on Friday, January 13th, 1995, settled his action for damages in the High Court yesterday.

Claimant settles car accident case

A Dublin postal worker who sustained head and other injuries following a road accident in Co Louth three years ago settled his action for damages for £530,000 at the High Court yesterday.

Mr Padraig McCartan SC, for Mr John Cullen (43), of Clondalkin, Dublin, announced the settlement to Mr Justice Johnson yesterday.

Blumenthal restaurant closed over poisoning scare

TV chef Heston Blumenthal's award-winning restaurant in Britain will be closed this weekend after an investigation was launched into a food poisoning scare.

The "culinary alchemist" has closed The Fat Duck temporarily as a precaution while tests are carried out.

Mr Blumenthal said he took the decision to shut the Michelin-starred restaurant in Bray, Berkshire, on Tuesday after customers reported feeling unwell.

Food poisoning investigation widens

An investigation into a food poisoning outbreak widened tonight with some sandwich fillers being cleared from shelves at major retail chains.

Health chiefs fear the chicken and bacon sandwich mix may be contaminated with a rare strain of salmonella which has already struck down 100 people in Ireland and the UK.

Food poisoning bacteria thrived despite bad weather

SUMMER PESTS: Common food poisoning bacteria have continued to thrive this summer, despite the bad weather.

To date this year notified cases of illness through infection with salmonella, campylobacter or E.coli variant O157:H7 are similar to 2006 figures, according to provisional data from the Health Protection Surveillance Centre (HPSC).

Salmonella can cause diarrhoea, fever and abdominal cramps in humans, and infections tend to peak in warmer months of the year, according to Dr Paul McKeown, consultant in public health medicine with the HPSC.

Inquiry into food poisoning cases

EIGHT CASES of salmonella food poisoning are being investigated by the Food Safety Authority of Ireland (FSAI), following an outbreak in late June and early July.

The authority has warned food outlets providing ready-to-eat sandwiches to be "particularly strict in adhering to best hygiene practices", in the wake of the onset of these cases.

Man dies in truck accident in Co Cork

The Health and Safety Authority is investigating the death of a man in an accident in Macroom, Co Cork this morning.

It is understood a man was backing the cab of a truck into a trailer but then climbed out and was pinned underneath the trailer when it overturned. He was in his 30s.

A spokesman for the HSA confirmed an incident in Macroom was under investigation.

Baby of six weeks dies in truck accident

Gardai are appealing for witnesses to an accident in which a six-week-old baby boy was killed by a dumper truck which overturned on to a car in Co Dublin yesterday.

The child, who has not been named, died when the truck, involved in roadworks on Avondale Road, Killiney, close to the roundabout at The Graduate pub, tipped sideways from the footpath into approaching traffic at about 11.25 a.m.

Safety council warns on fatal pedestrian and truck accidents

The National Safety Council (NSC) has said it is "alarmed" by the number of fatalities involving pedestrians struck by lorries.

Four people died in traffic accidents on Wednesday bringing to 364 the number killed on Irish roads to date this year, compared to 325 for the same period last year.

GardaÍ have appealed for assistance from the public in their investigation into a fatal road traffic accident in Dublin on Wednesday during which a 70-year-old woman was killed after being hit by a lorry.

Boy killed in Galway road accident

A 12-year-old boy was knocked down and killed in a road accident in Galway this afternoon.

The boy was cycling on the Headford Road when he was struck by a truck at Grange, Corrandulla.

The boy received fatal injuries in the accident, which occured at around 4.30 this afternoon.

The driver of the truck was injured when his truck overturned as he tried to avoid the boy.

North-South scheme targets farm accidents

Forty-one children have been killed in farm accidents in the whole of Ireland in the past six years, new figures released by the health authorities on both sides of the Border show.

A new cross-Border initiative to highlight the scale of the problem was introduced last weekend.

The figures, drawn up by the Health and Safety Executive for Northern Ireland and the Health and Safety Authority in the Republic, show that two children have died in farm accidents on the island so far this year.

The figures show that 30 children died on farms in the Republic in the last six years and 11 on farms in the North in the same period. Of the 41, 18 were under five years of age and two out of three deaths resulted from accidents involving tractors or machinery.

Project aims at 50% cut in farm accidents

A farm safety initiative launched yesterday will seek to reduce the level of farm accidents by 50 per cent.

The plan, which is a joint initiative between the Health and Safety Authority and Teagasc, aims to ensure that all farms with up to three employees complete and implement a new comprehensive risk assessment, as required by new legislation.

At present fewer than 30 per cent of farmers have completed any form of risk safety assessment.

Minister for Agriculture Mary Coughlan said yesterday that she was concerned at the continuing high level of farm accidents.

Safety group aims to cut farm deaths and accidents

Four people, including one child, have died already this year on farms, it was learned yesterday at the launch of Farm Safety Week.

In the last decade, 200 people, including 43 children, have died on farms. Farms account for more than 30 per cent of workplace deaths despite the fact fewer than 8 per cent of the national workforce is employed on the land.

A five-year Farm Safety Action Plan has been launched by the Health and Safety Authority which is aimed at reducing the farm death toll.

Minister says number of farm accidents frightening

While only one person has died in an Irish farm accident so far this year, the farm continues to be the most dangerous workplace in the State taking the lives of 43 children in the past 10 years.

The Minister of State for Labour Affairs, Mr Frank Fahey, told the launch of Farm Safety Week, that in the four-year period, 1999-2002, 20 children died on Irish farms.

Describing these statistics as "frightening", the Minister also said last year 19 people, including two children died on farms.