Family to sue HSE over ulcer death

The family of a man who died following the failure of hospital staff to diagnose his condition is to begin High Court proceedings against the Health Service Executive after a coroner yesterday returned a verdict of "medical misadventure" in the case.

The inquest was told that Bernard Briody, a 44-year-old truck-driver from Moylough, Oldcastle, Co Meath, died after a duodenal ulcer ruptured causing massive blood loss and eventual cardiac arrest.

Yesterday Damien Tansey, solicitor for the dead man's family, told deputy Dublin city coroner Maria Colbert that up to six tests which could have identified the ulcer were not carried out.

"If they had been, there is a very good chance that Mr Briody would be here today," Mr Tansey said. By the time the proper test was carried out Mr Briody was "beyond repair".

Ms Colbert said the medical treatment received by Mr Briody at Our Lady's Hospital, Navan, Co Meath, gave rise to his death. His condition was "never fully run to ground". If his ulcer had been diagnosed even in the week before his death it could have been fully treated. "It is not generally regarded as a fatal condition," she said.

She heard evidence that surgeon Joseph McGrath was never given notes from Mr Briody's previous admissions to A&E.

Mr McGrath wrote a letter to the medical records department at the hospital complaining about the lack of notes, which alleged that the hospital's system had "fallen down".

Ms Colbert said she would be writing to the hospital and would point out Mr McGrath's letter.

The dead man's sister, Kathriona Briody, who travelled from New York for the inquest, said she was hopeful the case would bring about changes in the health system.

"I would hope that it would bring some awareness to what's happening with the system in Ireland. Too may people are dying because of things like this," she said.

Mr Briody presented to hospital on three occasions in January 2004 complaining of acute pains in his back and abdomen.

However, while a number of tests were carried out, his condition was not diagnosed and he was not admitted to the hospital.

The last time he presented, on January 25th, he was put on a six-week course of Nexium, a drug used to treat ulcers.

On February 2nd his GP faxed a letter to Mr McGrath in which he asked whether Mr Briody migh have a peptic ulcer and requested he be assessed in the outpatient department. The inquest heard yesterday that the appointment was made for September 4th.

However, on May 4th Mr Briody again went to the hospital with the same symptoms. A battery of tests was again carried out and he was kept in under "active observation" until May 7th. At this point he was no longer showing symptoms, was pain-free and was discharged.

Three days later his condition had significantly deteriorated and he was admitted to the hospital. He was vomiting blood.

An endoscopy examination was carried out which revealed a duodenal ulcer. The ulcer was injected to prevent bleeding, and Mr Briody's condition stabilised.

On May 11th the ulcer started to bleed again. Surgery was performed, but the bleeding continued. He was later transferred to St James's Hospital, Dublin, but died within 15 minutes.