RADIO & TV
Making a Medical Negligence Claim in Ireland
Everyone interacts with doctors and medical professionals during their lifetime. International Studies show between 10%-12% of patients will experience avoidable adverse outcomes arising from their health treatment. Yet the same studies show that only 1% of those people who have adverse outcomes consult a lawyer to take a medical negligence case. Roger Murray SC, Head of Medical Negligence at Callan Tansey LLP spoke to Catherine Sanz and James McDermott on the Business Post podcast, Law on Trial, about Making a Medical Negligence Claim in Ireland. You can listen back here and read more about the issues discussed below.
What do we mean by Medical Negligence?
Medical negligence is when a patient suffers avoidable harm because they received care from a doctor or a hospital which was below a reasonable standard.
Examples include :
- Missed/late diagnosis
- Birth injuries
- Perineal tears
- Surgical errors
- Wrong Medication being given
- Late/Non-diagnosis of Cancer
Why do people make a Medical Negligence Claim?
Ask any person walking into a lawyer’s office as to why they felt they had to go to law and they will generally give the following answers in the following order:
- To get information and accountability
- To prevent the event happening again
- To get financial support to cope with the impact of the negligence.
In other words, compensation, whilst necessary and deserved, is generally down the list. In most cases people go to law because they do not know what has happened to them or why and they want to get answers;
What information is needed to make a Medical Negligence Claim in Ireland?
- A patient needs to get access to their medical records through Data Protection legislation or Freedom of Information. This can be done through a solicitor’s office. It is very important to do it through a solicitor’s office to ensure that all of the relevant material is provided including scan images, reports. etc.,
- Once those records have been studied and examined, an independent expert in the relevant field needs to be briefed by lawyers to give an opinion for the Court as to whether or not the care provided fell below a reasonable standard.
- It is very important that the exact comparator of the doctor whose conduct is being challenged is consulted: a Neurosurgeon will comment on a neurosurgical operation not the work of a GP, for example.
How to make a Medical Negligence Claim in Ireland?
- You cannot pursue a claim in medical negligence unless your solicitor is in receipt of a medical opinion from an independent expert confirming that harm has been caused as a consequence of medical care which fell below a reasonable standard.
- You must then instruct your solicitor to begin the process of issuing legal proceedings against the medical team and/or the hospital/HSE.
- It is important to note that the legal time limit to make a medical negligence claim is 2 years from the date of injury or knowledge of the injury.
- In the case of children, the time limit expires two years after they reach the age of 18.
- The Rules of the Court stipulate that an Affidavit of Verification must be sworn in relation to Court documents, so everything needs to stack up from the start.
What do we mean by a Medical Negligence Expert Witnesses?
A medical negligence expert witness prepares the report for the Court, not the party taking the case or firm of solicitors instructing them. They have to be fully independent and they can have no connection to anybody involved in the case. Because Ireland is such a comparatively small country with a small number of medical practitioners in some fields, it is necessary to go outside the jurisdiction to get a fully independent opinion e.g. the UK. That opinion will then be produced in the format of a report and if the case goes to Court the expert will have to give evidence.
What is meant by Open Disclosure?
Open Disclosure is the process through which Health Care Givers, without prompting, tell patients and/or the families as soon as possible after an adverse event what has happened and why. It is a process, not an event. International experts such as Dr. Timothy McDonald from the US say that “Disclosure is over when the patients says it is over” Full disclosure might require several meetings or conversations over time. Very often, access to a lawyer is required and legal advice is necessary so that the appropriate questions can be asked.
What is meant by Duty of Candour?
Duty of Candour is the legal concept whereby medical professionals are under a mandatory legal duty to disclose to patients and their families information about an adverse event. At the moment, there is no mandatory legal requirement for doctors to do so. There is an ethical obligation, however. It is hoped that the new Patient Safety Bill will make it obligatory for doctors and hospitals to front up about mistakes when they happen. Such a duty exists in other countries for example the jurisdiction of England and Wales and helps reduce both the incidence of claims and improves patient safety.
Are all Medical Negligence cases heard in the High Court?
Medical negligence cases are deemed to be Personal Injuries cases according to the current Rules of Court. All Personal Injuries cases worth more than €60,000 in terms of damages must be heard in the High Court. Increasingly, Mediation is used to settle or deal with cases before they go to Court. The vast majority of cases do not end up being fought in front of a Judge.
How long does it take to settle a Medical Negligence claim in Ireland?
It can take several weeks or months to get all the information necessary including the records and scans. then it can then take several weeks or months to source, identify and brief an appropriate expert and to get that expert’s report. Barristers then need to be consulted and legal papers drafted and lodged. The Defendant and their legal team need to be given time to investigate things at their end and lodge their Defence. On average the process of investigation can take between 6-9 months and it can take up to one and a half years from that point for cases to reach a situation where they either settle or go to Court.
Roger Murray SC is head of Medical Negligence at Callan Tansey Solicitors LLP. He is co-author of the book Medical Inquests and regularly represents bereaved families at Inquests across Ireland. If you have any questions about the issues raised in this article or on the issue of Medical Negligence you can contact Roger Murray here.
Work Life Balance & Miscellaneous Provision Bill 2022
This Bill, which gives effect to EU Directive 1158/2019 on work life balance for parents and carers, quietly passed all stages in the Oireachtas on Wednesday, 29th March 2023. Here Brian Gill, Partner and Head of Commercial Litigation at Callan Tansey Solicitors LLP, outlines the provisions of the BIll and what they mean for Employers and Employees. The Work Life Balance and Micellaneous Provision Bill 2022 recognises the importance of family life and improved quality of life for all workers in Ireland. It supports Employees to achieve a better balance between their home and work lives. It also seeks to support those who are victims of domestic violence through the introduction of a statutory paid leave entitlement. It lays out a framework for the following four key Employee rights:
- Leave for Medical Care Purposes
- Leave for Victims of Domestic Violence
- To request a flexible working arrangement for care purposes
- To request a remote working arrangement
Leave For Medical Care Purposes
Key Features
- 5 days unpaid leave
- Threshold of care is “significant care or support for a serious medical reason”.
- Family/blood relationships covered as well as co-residents of the applicant.
- Medical Certificate signed by registered medical practitioner required or such other evidence that shows the person is in need of “significant care or support for a serious medical reason”.
- 5 days unpaid “leave for medical care purposes”
The threshold of care is “significant care or support for a serious medical reason”. The person receiving the care includes a child, spouse, civil partner, cohabitant, parent, grandparent, brother, sister of the employee as a well as a person with whom the employee resides in the same household.
The request for such leave must be accompanied by “relevant evidence” which the Act defines as a medical certificate signed by a registered practitioner or such other evidence as the Employer might reasonably require to show that the person concerned is or was in need of “significant care or support for a serious medical reason”
The Parental Leave Act 1998 is amended accordingly with a new Section 13A.
Leave for Victims of Domestic Violence
Key Features
- First statutory provision of its kind.
- 5 days paid leave for victims of domestic violence
- Leave is granted to give the Employee the time to pursue specified matters
- Definition of domestic violence provided.
- Categories of perpetrators of the domestic violence are specified
- Categories of affected persons are also specified.
- Terms of returning Employees fully protected.
The 5 days paid leave for victims of domestic violence is provided to allow the Employee concerned to seek medical attention; obtain services from a victim services organisation; obtain psychological or other professional counselling; relocate temporarily or permanently, obtain a Court Order under the Domestic violence Act; seek advice or assistance from a legal practitioner.
Domestic Violence is defined in the Act as violence or a threat of violence, including sexual violence and acts of coercive control committed against an employee or a relevant person by:
- The spouse or civil partner of the Employee
- The cohabitant of the Employee
- A person with whom the Employee is or was in an intimate relationship.
- A child of the Employee who is of full age and is not, in relation to the Employee or relevant person a dependent person
A relevant person is defined as:
- A spouse or civil partner of the Employee
- A cohabitant of the Employee
- A person with whom the Employee is or was in an intimate relationship.
- A child of the employee who has not attained full age
- A person, who, in relation to the employee is a dependent person.
The Parental Leave Act 1998 is amended accordingly with a new Section 13AA.
The Employee returning to work from this category of leave shall be entitled to return to working conditions that are no less favourable to the ones they left. They shall also be entitled to the benefit of any enhanced terms that would have come their way had they not been on leave.
Right To Request A Flexible Working Arrangement For Care Purposes
Key Features
- Right is conferred on parents and carers
- The leave is available for the care of children up to the age of 12 or adopted children for a period of two years beyond the date of their adoption where they are adopted between the ages of 10 and 12 or children up to the age of 16 for as long as they have a disability or long-term illness.
- Also protects Employees who care for their spouse, civil partner, cohabitant, parent or grandparent, brother or sister of the Employee or any person, other than in one of the categories above, who lives in the same household as the Employee
- Minimum 6month continuous service requirement,
- A gap in employment with a specific Employer for a period of up to a period of 26 weeks can be disregarded in calculating the Employee’s period of service.
- Birth Certs / Certificates of Placement must accompany requests.
- The Employer has 4 weeks to consider a request – can be increased to a maximum of 8 weeks.
- Employers can terminate the arrangement on one of the grounds set out in the Bill
The right to request flexible working arrangements for parents and carers is a new category of leave provided for by Section 8 of the Bill and inserts a new Part IIA in the Parental Leave Act 1998.
This right extends to:
- An Employee who is a relevant parent of a child and who will be providing care for that child for the purpose of providing care for that child up until the child turns 12 unless the child is the subject of an adoption Order where the order was made after the child turns 10 but before they turn 12 in which case the arrangement shall end no later than 2 years beyond the date of the making of the Order.
- If the child has a disability or a long term illness then the arrangements can extend to when the child reaches the age of 16 or to whenever they cease to have that disability or long term illness whichever occurs first.
- An Employee who is or who will be providing personal care or support to a person for the purpose of providing care for that person;
The qualifying relationships include:
- A person of whom the Employee is the relevant parent
- The spouse or civil partner of the Employee
- The cohabitant of the Employee
- A parent or grandparent of Employee
- A brother or sister of the the Employee
- A person, other than in one of the categories above, who lives in the same household as the Employee
and is in need of significant care or support for a serious medical reason.
This right to request flexible working arrangements under this Act only extends to employees who have 6 months continuous employment with the Employer to whom the request is being made.
A gap in Employment with a specific employer for a period of up to a period of 26 weeks can be disregarded in calculating the Employee’s period of service.
Requests to look after a child must be accompanied by a copy of the child’s birth cert or In the case of an adopted child the Certificate of Placement within the meaning of the Adoptive Leave Act.
The Employer who receives a request from an Employee for flexible working arrangements must consider the request having regard to their needs and the Employee’s needs and revert within 4 weeks with their response or where the 4week timeframe is proving difficult no later than 8 weeks from the date of the request.
The Employer shall be entitled to terminate a flexible working arrangement where they are satisfied that the arrangement is having or would have a substantial adverse effect on their business due to
- Seasonal variations in the volume of work
- Unavailability of a replacement
- The nature of the duties of the Employee on leave
- The number of Employees
- The number of Employees on a flexible leave arrangement
- Any other mater relevant to the substantive adverse effect on the business.
An Employee can also request an early return to their earlier working arrangements and should they so wish they ought to do so in writing. Regardless of how the termination of the arrangement comes about – i.e. whether by the agreed timeframe or on foot of an early return the Employee shall be entitled to return to the original working arrangements they held prior to the commencement of their leave.
Where the Employer has reasonable grounds for believing the employee is abusing the flexible work arrangement they shall be entitled to terminate the arrangement by way of notice in writing to the Employee advising them of the termination and the reason(s) for same.
Right To Request A Remote Working Arrangement
Key Features
- No longer in a standalone Bill
- 13 grounds of objection have been abolished.
- New test = needs of employer, needs of employee & the Code of Practice.
- Code of Practice has yet to be drawn up – it will set out guidance for compliance with the application process.
- Qualifying period of service = 6 continuous months with the Employer to whom the request is being made
- Requests must be in writing; be signed by the applicant Employee; contain the reasons for the request; details of the proposed remote working location and information as may be specified in the Code as to the suitability of the proposed location.
- An Employer has 4 weeks to conder the request – this can be extended by a further 4 weeks.
- Penalising a Employee for exercising their entitlement to request remote working is expressly prohibited
The initial legislative provisions for remote working for general Employees were contained in the Right to Request Remote Working Bill 2022. It was met with significant criticism from Employee representative groups due to the presence in the Bill of 13 grounds of refusal of a request for remote working. These grounds were so wide, it was argued, that they effectively rendered the right meaningless. Criticism was also levelled at the fact that a complaint to WRC on the matter could only be pursued on procedural rather than substantive grounds.
The right to request remote working arrangements is now contained in Section 20 of this Bill. Employees must be in the job for more than 6 continuous months before they can make the request. The request must be in writing, be signed by the Employee seeking the arrangement and set out the specifics of the proposed arrangement. It must set out the date of commencement of the arrangement and where applicable the date of expiration.
Requests must be submitted as soon as reasonably practicable but not later than 8 weeks before the proposed commencement date.
It must also, having regard to the Code of Practice provided for in Part 4 of the Bill – but not yet drawn up – specify
- the reasons for the request
- the details of the proposed location
- information as may be specified in the Code (of Practice) on the suitability of the proposed remote working location.
The Employer may seek additional information as may be reasonably required to that furnished above.
The Employee may withdraw the request before the Agreement is signed by both parties.
The 13 grounds of refusal of a request for remote working – as contained in the Right to Request Remote Working Bill – have been abandoned and replaced with a simpler provision which requires the Employer to consider these requests for remote working having regard to:
- the Employer’s needs
- the Employee’s needs
- the requirements of the Code of Practice.
The Employer has as long as is reasonably practicable but no longer than 4 weeks from the date of receipt of the request to respond to it by way of approval or refusal and in the case of a refusal to specify the reasons for same. If the Employer is having difficulty assessing the viability of the request the response time can be extended to 8 weeks.
As with the flexing work arrangements, the employer can, having regard to their own needs, the Employee’s needs and the Code of Practice terminate by notice in writing to the Employee the remote working arrangements on the following grounds:
- Seasonal variations in the volume of work
- Unavailability of a replacement
- The nature of the duties of the Employee on leave
- Any other matter relevant to the substantive adverse effect on the business.
Where the Employer is minded to give notice to terminate the arrangement, they must inform the Employee of their intention to do so and afford the employee the opportunity to revert within 7 days of receiving the notice setting out their response to the proposed termination
The said Notice terminating the arrangement must indicate to the Employee that they may, within 7 days from the date of receipt thereof, make representations to the Employer in relation to the proposed termination and any representation within the 7 days must be considered before the Termination Notice issues.
The Employer and Employee can agree to changes to their arrangement.
The Employee can seek an end to the arrangement and a return to their previous working regime. If they do, the Employer must consider same having regard to their own needs, the employee’s needs and the Code of Practice. The Employer has upwards of 4 weeks to consider the employee’s request to end the arrangement. Upon the expiration of the employee’s remote working arrangement, the employee is entitled to return to their pre- remote working arrangements.
Where an Employer has reasonable grounds for believing the employee on a remote working arrangement is not discharging all of their duties in accordance with the terms agreed for the arrangement the Employer may by notice in writing terminate the arrangement; which notice shall include the reasons for the termination and state the date of return to in-office work.
Where the Employer has decided to issue a termination notice they shall issue to the employee a Notice of Intention to terminate the arrangement and the Employee can, within 7 days of the receipt of such a notice make representations to the employer in relation to the proposed termination and if they do make such representations, the Employer must consider them before issuing the Termination Notice.
The Bill specifically prohibits the Employer from penalising a Employee for exercising their entitlement to request remote working.
Brian Gill, Partner, is Head of Commercial Litigation and Employment Law at Callan Tansey Solicitors. If you have any questions about the Work Life Balance Bill and how it may impact you or your business you can contact Brian at BGill@callantansey.ie
Galway hospital apologises after young father’s death following surgery
Our Roger Murray SC represented the family of Shane Banks, in Ireland’s longest running inquest last year, and again in the High Court this week. Mr. Banks died in June 2019, following surgery for treatable lung cancer at University Hospital Galway. A 43 year old lecturer in business at Sligo Insitiute of Technology, Mr. Banks is survived by his wife Ciara, and three young children. Edward Walsh SC, instructed by Callan Tansey Solicitors LLP, told the High Court that this was a “particularly distressing case”, and Mr. Banks death was due to a “catalogue of medical errors”.
Surgeon Under Review
Professor Mark Da Costa, the surgeon who operated on Mr. Banks, had concerns raised about his surgical skills in October 2017. While a mentor had been appointed for him no proper structure was put in place. A review in 2018 led to a more formal mentorship programme being put in place, initally for six months, then extended for a further two months. It was during this time that Mr. Banks came under his care.
Major Complications Arose
The court was told that Professor DaCosta had been warned not to undertake any complicated surgery and was being supervised for his cardiac work. Mr. Banks surgery was carried out on a Friday, with only junior doctors assisting. The surgery took twice as long as expected as major complications arose leading to an anaesthetist to independently call for assistance. The next day Professor Da Costa went on annual leave, no proper cover was provided and three days later Mr. Banks died. His family was not informed about his deteriorating condition.
Apology From Hospital
In a letter of apology read in the High Court Chris Kane, General Manager at University Hospital Galway, acknowledged the enormity of the personal loss to the family. He said ” I sincerely and unreservedly apologise for the failure to consider the introduction of proper support for the thoracic surgery in Shane’s case and the deficits in the manner in which his surgery was carried out. If these had been in place and addressed, Shanes’s sad death three days later would likely have been avoided. I acknowledge and regret the great upset, distress and loss suffered as a result”.
Family Statement
A statement from the family said, “Significant questions still arise as to how management allowed the second surgery to proceed. Evidence was given at the inquest that doctors involved in Shane’s first surgery approached senior management and doctors expressing their concerns about Professor Mark Da Costa, but they were never acted upon”
Call for Patient Safety and Candour
Roger Murray SC said the HSE must now make meaningful the apology in full and the coroner’s recommendations should be implemented. He said patient safety and candour must be put first. He also referred to the fact that it had take a 15 day inquest for the full facts of the case to finally emerge.
Mr. Banks widow, Ciara McDermott said, “Shane was the love of my life”, he was the “best definition of a father, our children were only two, three and four years old when he died”. She also added, “The coroner’s recommendations should be implemented in full. If a pilot was deemed unsafe to fly, he would not be put in charge of a risky flight. Why should different standards apply to doctors? The culture of silence around medical incidents left us in the dark until the inquest started. This has to stop.” The family have called for a new law to be introduced making it mandatory for hospitals to disclose if a treating doctor is under supervision or beeing mentored.
The family have settled the case for an undisclosed sum
Media Reports
Cork woman with Cerebral Palsy settles case for €12 million
David O’Malley, Partner in our Medical Negligence department, represented Jane Harte, a 27 year old woman with cerebral palsy. Ms. Harte sued over the care she received after her birth at City General Hospital in Cork. The case was taken against retired gynaecologist Pallany Pillay, who was the proprietor of the now closed private maternity hospital.
Speaking after the High Court approved a settlement of €12 million, Jane’s mother Olivia Harte said that the conclusion of the case was life-changing for her daughter. Jane has been living at the Cope Foundation in Cork, where she has received exceptional care according to her mother. However, the settlement will now enable the family to bring their daughter home. “She is going to have a life with her family and silblings which she always deserved, and which was take from us, Jane will be able to get her phyio, to swim and will have a far better quality of life”, said Olivia Harte.
The court heard that Jane had been born healthy but had a significant difficulty with her breathing and went dramatically downhill. She was transferred to the Erinville hospital when she was 17 hours old. At that point she was “literally in extremis with severe septic shock” and later meningitis. Dr. John O’Mahony SC, instructed by David O’Malley, told the court it was their case that appropriate steps should have been taken at City General Hospital and that if antibiotics had been given to Jane earlier she would have recovered.
Liability in the case wias contested and the settlement is without an admission of liability. The settlement was reached following mediation talks between the parties.
Photo credit: Collins Courts
Media Coverage
WATCH Virgin Media News Report
Supporting Students with Autism
Summerhill College in Sligo is committed to supporting students with Autism. In recent years the school has developed a dedicated ASD Resource Centre specially designed to support the holistic education of students with Autism Spectrum Disorder. The ASD Resource Centre is a nurturing and safe environment which enables all students to reach their full potential within Summerhill College. We are delighted to support this excellent work by sponsoring the establishment of the Callan Tansey Practical Living Demonstration Room, a key resource in supporting students in the schools Autism classes as they learn day-to-day life skills. Our Brian Gill, Partner, is a Past Pupil of Summerhill College. Last September he spoke at a conference hosted by Summerhill College, for students with Autism and their families, ‘What Next? – Pathways into further studies and employment’
We recently spoke with school Principal, Paul Keogh, to find out more about the impact of the ASD Resource Centre to date, and the schools future plans.
What Motivated Summerhill College to Invest Resources to Develop Specific Supports for Students with Autism?
Inclusive education provision was the central motivator for such developments. Summerhill College identified students who had needs that would be best met through an environment where there was a lower pupil-teacher ratio and may also receive a baseline level of SNA support. This ensures that there is as much intensive support as possible for pupils to develop and fulfil their IEPs.
What are the Different Supports Available for Students with Autism?
Class sizes are limited to 6 students per Autism class. Each class has an allocation of 1.5 teacher contact time and 2 SNAs per Autism class. Each class gets access to a kitchen, multi sensory room and a poly tunnel. Students get access to mainstream classes and facilities. Students get access to bespoke learning experiences tailored to their individual needs. L1LP and L2LP programs are available to students.
What is the Impact of Those Supports on the Boy’s Experience of Education?
Students experience educational opportunities in an environment that is suited to them and their individual needs.
How Many Boys are Currently Receiving Support?
30 students are currently in the Bishop Jones Centre. We also facilitate other students with an autism diagnosis and students awaiting a diagnosis in mainstream classes.
Have the Supports Attracted Additional Students From Outside Sligo Town to Enrol in Summerhill College?
We have students attending from Sligo Town, Sligo County and the Connacht region.
How has the Development of These Supports Impacted on the Wider School Community, Boys, Staff, Parents, Past Pupils?
Inclusion and inclusive practices are now central to conversations and policy development. Training and CPD is offered on a whole school basis and is now the responsibility of all staff.
What additional plans do you have for the future?
Our 6th autism class is to open in August 2023. We are awaiting a new building to facilitate 3 classrooms and continue to provide a annual conference on pathways for young autistic people after post primary education.
Callan Tansey LLP in the Community
At Callan Tansey LLP we believe that our success is linked to the success of our community. We are committed to integrating our social and environmental responsibilities in our business operations. It is important to us to support the local communities close to our six offices, as well as the wider community through fundraising events and environmental initiatives. Our Corporate Social Responsibility Programme (CSR) focuses on supporting cultural events and community organisations as well as fundraising for charities and voluntary organisations. This activity is driven by Partners, Solicitors and our Professional Support Staff. Some of the support we have given in recent years is listed below and you will find the link to apply for support here
Summerhill College ASD Support
Our firm’s links with Summerhill College stretch from the early years of the last century to the present day, with generations of Callan Tansey Solicitors and their families educated there. We are therefore delighted to support the new Practical Living Demonstration Room for ASD students.
In the course of our work we meet children and families navigating life with different abilities. We see the challenges they often face, and the need for educational support, recognition of their ability and the importance of integrating students with their peers for social development. The work done by the Summerhill College Additional Educational Needs Team in providing support to all students is considered to be the best in the country.
The Practical Living Demonstration Room supported by Callan Tansey will be a key element for the students in the schools Autism classes as they learn day-to-day life skills. Here they will experience diverse scenarios, enabling them to acquire a range of skills – from basic ones such as self-care and cooking to money management and travel. In repeatedly doing these daily tasks, the students grow in confidence and most importantly independence. Building on what is learned in Summerhill, they can then practice these routines at home and in the community.
This room is one of a few across the country. Callan Tansey is proud to be associated with such a progressive programme.
Our Brian Gill, Partner Commercial and Employment Law was a keynote speaker at a conference on Autism, “What Next? – Pathways into further studies and employment”, hosted by Summerhill College. He highlighted that while it was just 25 years since legislation to protect the rights of people with autism had been intorduced there was a lot still to do. Legislators need to conside positive discrimination to ensure employers with “a narrow mindset” cannot continue to keep people with disabilties our of the workplace. “A workplace that keeps people with disabilites out and keps them on the margins is alll the poorer. It’s like watching black-and-white television in a coloured world.” Click here to read the report of the conference published in The Irish TImes.
Sligo Grammar School Senior Rugby
Callan Tansey Solicitors was delighted to sponsor the Sligo Grammar School Senior Rugby team this season – and what a season it was! Sligo Grammar School Senior Rugby team achieved an unprecedented ‘double-double’, winning back to back Connacht Schools Senior League and Senior Cup titles
Sligo Grammar School is renowned in Connacht for producing talented players and successful teams over a number of years. Many students have been capped for Connacht Rugby at underage level over the years, including several of the current Senior Rugby Team. While a further six players have been capped for Ireland, including three of the current team being named on the Ireland U18 squad. All three of these players have gone on to score tries for Ireland.
Niamh Ní Mhurchú, Joint Managing Partner and Brian Gill, Partner at Callan Tansey Solicitors are pictured here with Vice – Principal Jimmy Staunton and with members of the Senior Team who were presented with a set of jerseys at the start of the season
Christmas Charity Donations
Every December the team at Callan Tansey Solicitors LLP makes a particular effort to support both local and National charities. This year we supported three different charities
The Society of St. Vincent de Paul provides a wide range of services for vulnerable people though its local offices. These services include personal visiting, education grants, family support services, social housing projects, child and youth services as well as Adult and older peoples services. We made donations to local offices in Boyle, Galway and Sligo to help support the great work done by the organisation and voluteers in our local communities.
Once again Callan Tansey Sollicitors LLP supported Focus Ireland by sponsoring a star on the Focus Ireland Christmas Tree. We share the Focus Ireland belief that everyone has the right to a place they can call home and that no child should have to face Christmas without a safe and secure home. The organisation provides advice, information, advocacy and help with finding a home. Since opening at its initial location in Dublin in 1985, Focus Ireland has expanded its role and activity and now provides services and housing projects across Ireland including in Sligo and Limerick.
Our team was delighted to bring some festive cheer to the offices recently by wearing their Christmas Jumpers to raise vital funds for The Children’s Health Foundation. Many of our clients are families and young children with catastropic injuries and complex health needs. We see at first hand the important work done by our Children’s Hospitals and the urgent need for funding to support their efforts. The funds we raised went towards the purchse of essential equipment at CHI hospitals and urgent care centres.
Boyle Arts Festival
Boyle Arts Festival is an award winning festival which takes place in July each year. Callan Tansey Solicitors has been delighted to support this highly regarded Festival for many years. It attracts well-respected artists and performers as well as audiences from across Ireland and overseas. During the 10 days of the festival audiences enjoy a great mix of visual arts, literature, drama, workshops and a variety of musical events and performance to suit all tastes, including clasical, traditional, jazz, and popular music.. Many events are free and tickets for other events can be bought online or at the Festival Office in Boyle.
Ballina Salmon Festival
Festivals could not happen without the hard work and support of local communities. They represent the best elements of a community, encourage local participation and prompt visitors to travel to enjoy various events.
This year we are delighted to sponsor the Ballina Salmon Festival Busking Competition. After a difficult few years for everyone it is lovely to once again have the opportunity to gather as communities and attend events. It is also important that we all support the creative and artistic community who were particularly hard hit by Covid lockdowns and closures.
The busking competition has run all week across Ballina, giving talented performers a chance to showcase their talent as well as significantly contributing to the festival atmosphere. Thank you to all the wonderful performers who entered and we hope you see your audiences grow.
Darkness Into Light 2022
On a foggy and misty morning members of the Callan Tansey team from across our offices rose before dawn to participate with family and friends in the Darkness into Light walk in aid of Pieta. They were among the almost 120,000 supporters walking to raise almost €4million in much needed funds to support people affected by suicide and self-harm.
March Into March 2022
We were delighted to support our neighbours Sligo Cancer Support Centre in their recent March into March Fundraiser and present them with much needed funds. Pictured are some of our team who participated in the fundraiser and members of the Sligo Cancer Suppert Centre. Aoife Bromley, Majella Lynch, Annamaria Toolan, Attracta Higgins, Caroline McLaughlin, Loretta Coyne (Sligo Cancer Support Centre), Bridget Kerrigan (Sligo Cancer Support Centre)
Pocket Forest at Callan Tansey Ballina
We were delighted to work with Pocket Forests recently at our Ballina office. First the team from Pocket Forests helped us rejuvenate some ground behind our office building then we planted a diverse range of native trees and shrubs. The goal is promote biodiversity in this urban location which will support pollinators and the wider environment in the community.
Inquest into the death of the late Linda Connell
Our Niamh Ní Mhurchú recently represented the family of the late Linda Connell at an inquest into her death. Ms. Connell, a 41 year old mother of one was from Trim, Co. Meath.
Admitted for Routine Surgery
Ms. Connell was admitted to Our Lady of Lourdes Hospital in Navan for a planned laparoscopic removal of an ovarian cyst on March 6th 2020. Following surgery she became unwell and died five days later at Baumont Hospital, on March 11th 2020.
The inquest heard that that during surgery an Endoclot Adhesive, which is contra-indicated for use in gynaecological procedures was used.
Verdict of Medical Misadventure
The inquest found that it was impossible to ignore that there was a temporal link between the procedure and what happened to Ms. Connell afterwards. The coroner, Dr. Clare Keane, returned a verdict of medical misadventure.
Statement from the family of Linda Connell
In a statement, Linda’s husband David Freeman said:
“ The life we enjoyed together as a family has been destroyed, our days are now a living nightmare. I can’t see how I can ever recover or move on with my life. My wife underwent a simple gynaecological procedure and ended up losing her life. I stand here today to be a voice for my darling wife Linda and to try and get some answers for her, her son Joshua and her adoring family and friends”
Media attention
The inquest in to the death of Ms. Connell attracted considerable media attention including the below
LMFM – Niamh Ní Mhurchú interview with Michael Reade
Interview begins at 53 minute mark
Inquest into death of retired teacher Declan Sweeney
The family of the late Declan Sweeney, from left, his wife Noleen, son Ronan and daughters Sonia and Michelle. Photo: Colin Keegan, Collins Dublin
Our Roger Murray SC recently represented the family of the late Declan Sweeney at an inquest into his death. Mr. Sweeney (78), from Newbridge, Co. Kildare was a retired vice-principal of Synge St. CBS. The inquest heard that his sudden and unexpected death in Tallaght Hospital was linked to the “double whammy” of his discharge from a high dependency unit coinciding with the start of the Christmas holiday period.
Family Criticised Care Patient Received
Mr. Sweeney’s family criticised the care he received and the response of the medical staff to concerns the family raised about his deteriorating health in the days leading up to his death. Declan Sweeney was discharged from the high dependency unit on Friday, December 21 2018, and his condition was not reviewed by a hospital consultant “of any description” for five days.
Roger Murray SC, on behalf of the family, called for better governance and oversight of consultant cover over holiday periods. The coroner noted that a consultant providing cover for a colleague could not be expected to provide the same level of care as the workload was, effectively, being doubled.
Inappropriate Communication
Roger Murray SC submitted that a narrative verdict would best reflect the complexity of the case, and ought to capture the gaps in Mr Sweeney’s treatment. He said a senior doctor at Tallaght Hospital had accepted in evidence that inappropriate communication by the staff on December 21st had resulted in a missed opportunity to provide proper planning for Mr. Sweeney’s care. Mr Murray told the court that the patient’s family were “physically looking in corridors” for answers having been “left in the dark” about their father’s condition.
Narrative Verdict Returned
Returning a narrative verdict, Dr. Gallagher recorded that the patients’ family had been extremely concerned about his care throughout his hospital stay and that his primary care team had not seen him until the day of his death. She noted that it had been difficult to establish who was responsible for the care of Mr. Sweeney over the holiday period.
Noting that the Sweeney family did take some solace from the fact that following the death of Declan Sweeney changes had been introduced at Tallaght Hospital, the Coroner went on to say that these changes did not adequately address consultant cover. She issued a formal recommendation that locum cover should be obtained where appropriate.
Further, she recommended that patients and families should be formally and clearly told of who is in overall charge of care.
Statement from Ronan Sweeney
Speaking after the verdict Ronan Sweeney, Declan’s son– a GAA All Star for Kildare and Moorefield GFC – said the family welcomed the verdict and recommendations. “Our Dad was in the public service for 40 years as a teacher, helping people all that time. We just felt that he was left down in his hour of need by the system, not necessarily by anyone individually. The whole purpose of this was to ensure that this doesn’t happen to another family and we’ve gone a long way to doing that”
Erb’s Palsy Birth Injury
The Medical Negligence team at Callan Tansey Solicitors LLP has successfully represented many people with Erb’s Palsy. Our work has got explanations from the hospitals concerned as to how this injury occurred. We have also secured compensation for this birth injury for our clients. In fact, Johan Verbruggen, Associate Solicitor in our Galway office has Erb’s Palsy. His parents successfully brought a case on his behalf many years ago. His lived experience helps support clients and families who have been affected by Erb’s Palsy.
What is Erb’s Palsy?
Obstetric brachial plexus palsy, or as it is colloquially termed, Erb’s Palsy, is a nerve injury, causing a part or complete paralysis in the affected arm.
What is the brachial plexus?
The brachial plexus is the name given the group of five nerves at the root of the neck (C5, C6, C7, C8 and T1) that travel from the neck to the shoulder. These nerves control the sensation and movement in the arm and hand.
What causes Erb’s Palsy?
In some births, and in particular those involving large babies, the baby’s shoulder may become stuck behind the mother’s pubic bone after the head is delivered. This complication is called shoulder dystocia.
When shoulder dystocia occurs, it is inappropriate to pull excessively or downward on the baby’s head to deliver it. Such pulling causes the head to come away from the stuck shoulder. This stretches and tears the nerves in the brachial plexus and in severe cases, tearing them from the spinal cord. Unfortunately, we see from an investigation of the records, cases where this birth complication is not dealt with appropriately.
The nature and extent of paralysis depends on the amount of stretch force. As the baby’s shoulder and head move apart. Paralysis falls under four primary classifications: avulsion, rupture, neuroma and neuropraxia.
What are the symptoms of Erb’s Palsy?
Depending on the severity of the nerve damage, symptoms can include:
- Lack of power in fingers and thumbs,
- Reduced bone growth in the affected hand and arm
- Reduced flexibility in the affected arm
- Reduced sensation in the affected arm and hand
How common is Erb’s Palsy?
One or two out of every 1000 babies present with Erb’s Palsy. With greater awareness, knowledge and training in the medical community on how to appropriately deliver babies that encounter shoulder dystocia, it has been seen that while the incidence of shoulder dystocia is increasing year on year, the incidence of Erb’s Palsy is falling.
How is Erb’s Palsy treated?
The treatment depends on the severity of the injury. Usually exercises and physical therapy is recommended once a baby reaches the age of three weeks. Erb’s Palsy is best rehabilitated through timely interventions such as:
- Physiotherapy
- Occupational Therapy
- Surgery (such as nerve graft, muscle transfer or tendon transfer)
What are the outcomes if treatment does not work?
While some cases of Erb’s Palsy respond well to early intervention and treatment this is not always the case. If someone with Erb’s Palsy does not recover function early, they are likely to have a permanent lifelong disability in the arm.
Is it possible to seek compensation for an Erb’s Palsy birth injury?
Yes. There are established manoeuvres that can help release the obstructed shoulder without resorting to inappropriately pulling on the baby’s head. If an obstetrician or midwife has not appropriately managed the shoulder obstruction, and has resorted to excessive or downward pulling on the baby’s head, then that could be a breach of duty of care.
If there is an indication during the pregnancy that the baby will likely be large, then the risks of delivering a large baby, such as shoulder dystocia should be discussed with an expectant mother. This is so that an informed decision can be made as to the mode of delivery: vaginal birth or caesarean section. Risk factors would include:
- Shoulder dystocia in a previous birth
- A maternal family history of large babies
- The mother has diabetes
- The second stage of labour is prolonged
If you believe that your child developed Erb’s palsy as a result of a breach of duty of care, your child may be entitled to compensation. While parents may hope the issue resolves over time or with treatment it is advisable to speak with an experienced Medical Negligence solicitor as early as possible. Medical Negligence cases can take a number of years to reach a conclusion. It is important to gather all relevant information at the outset. A Medical Negligence Solicitor can request access to medical records and engage independent medical experts to establish if there was any negligence on the part of the medical team.
How do I make a Medical Negligence Claim for an Erb’s Palsy birth injury?
Once an independent medical expert has advised your solicitor that they believe negligence did occur you can instruct your solicitor to begin the process of issuing legal proceedings against the medical team and the hospital. It is important to note that the legal time limit to make a medical negligence claim is two years from the date of injury, or knowledge of the injury. In the case of children, the time limit expires two years after they reach the age of eighteen.
If you have any questions about issues raised in this article you can contact Johan Verbruggen of our Medical Negligence team on 091 865 000.
*In contentious business, a solicitor may not calculate fees or charges as a percentage or proportion of any award or settlement.
Overcrowding impacts Emergency Department Medical Negligence claims
The staff at hospital Accident and Emergency Departments provide vital and valuable services to the entire community. However, Emergency Department Medical Negligence claims account for almost 15% of all Medical Negligence claims. The most recent studies have shown a 50% increase in the number of reported ‘clinical incidents’ in emergency medicine over a four year period. Overcrowding in Emergency Departments lengthens waiting times and means staff work in increasingly difficult conditions. Here we examine how this can lead to Emergency Department Medical Negligence claims.
How does Emergency Department Medical Negligence arise?
Emergency department medical negligence claims can arise in the following ways:
- Failure to recognise an acute condition e.g., appendicitis, meningitis, evolving stroke;
- Premature discharge, transfer or step-down from an acute hospital setting;
- Failure to adequately note, record or review a patient’s pertinent medical history;
- Failure to access timely investigative imaging e.g., MRI/CT/Ultrasound/X-ray.
- Discharging a patient without the appropriate referral and/or safety netting advice regarding their health or in the event of potential deterioration.
Delayed Diagnosis or Delayed Treatment
More than 1.5 million patients attend Emergency Departments annually, with record numbers attending in 2022. The seasonal rise in the numbers attending Emergency Departments over the winter presents additional challenges to an already stretched healthcare system. Delays in ambulance response times, triage, diagnostic testing and initial diagnosis all lead to delayed treatment. This delay in providing treatment can cause further illness, deterioration in the patient’s condition, poorer outcomes and even death.
The Emergency Medicine Programme for Ireland recommended an advisory target that 95% of patients should be either admitted or discharged within a 6-hour window of arrival at the ED.
The 2021 National Inpatient Experience Survey conducted by HIQA reported that of a cohort of 7239 presentations to A&E, 5135 (71%) said they waited more than the recommended 6 hours before being admitted. Of those, 305 people reported waiting more than 48 hours before they were admitted.
Even before the effects of the COVID-19 pandemic were felt by our A&E Departments the 2019 National Inpatient Experience Survey found that 70% of people reported being admitted to a ward within the target waiting time of 6 hours and 4% of over 8000 patients report they were waiting 48 hours or more before admission to a ward for appropriate treatment.
Misdiagnosis in the Emergency Department
Emergency Department Misdiagnosis is not uncommon. Patients present in often busy, overcrowded conditions to medical staff with a high workload. Overcrowding, delay and misdiagnosis are inextricably linked. Studies have shown that misdiagnosis can occur in 1 in every 9 patients admitted through the Emergency Department.
A 2021 analysis conducted by the UK Royal College of Emergency Medicine concluded that 4519 excess deaths were directly as a result of overcrowding and delays of 12 hours or longer. Adjusting these figures to reflect the population of Ireland (5 million v 68 million), 316 people a year could be dying in this country because of overcrowding, delay and misdiagnosis.
Misdiagnosis can also have severe medical implications, including the development of secondary conditions which have the obvious effect of exacerbating conditions and increasing hospital stays which lead to poorer patient outcomes.
Failure to Diagnose Acute or Underlying Conditions
When patients present at an Emergency Department they are often unable to provide clear information regarding their injury or illness. Many may be distressed or disorientated and unable to give a complete medical history.
In addition, some acute conditions require critical and prioritised care such as major trauma, acute coronary events, embolisms, an evolving stroke, meningitis, appendicitis and cauda equina syndrome. Often however the failure to appreciate these critical, time sensitive conditions arises from the fact that the patient isn’t triaged properly or medically assessed in an appropriate time frame by a Doctor.
Failure to order or carry out diagnostic tests and scans
The failure to diagnose conditions is often as a result of the failure to order the appropriate investigative imaging in time or at all. This issue is often felt more acutely at the weekends and on public holidays when other imaging facilities, which patients may be sent to as alternatives, are closed. These include x-rays, MRI, CT scans and ultrasounds.
Poor follow up advice
It is essential that safety netting advice is offered to patients on discharge in the event that their condition worsens or deteriorates. The failure to offer this advice leaves the patient, who is already in a vulnerable condition, unaware of the need to re-attend when certain symptoms are felt.
LISTEN BACK: Interview on The Pat Kenny Show on Newstalk. Interview starts at 1 hour 34 minutes.
Making a claim for Accident and Emergency Medical Negligence
If you believe that you have experienced inadequate medical care in and Accident and Emergency department you may be entitled to make a claim for medical negligence.
How do I make an Accident and Emergency Medical Negligence Claim?
You have two years from the date the negligence occurred, or the date that you discovered that the effect of the injury was not treated properly, because of medical negligence, to start court proceedings, with some exceptions:
- Where a child has been injured as a result of negligence, court proceedings can be commenced any time before their 20th birthday.
- There are no time limits to make a claim on behalf of someone who lacks the mental capacity to take their own case.
While it may be the case that you have months or even years to commence court proceedings, it is strongly advised that you engage a solicitor to investigate the injuries arising from potential negligence in the A&E Department you or a loved one visited. This will enable us to gather medical evidence such as hospital records and expert reports in support of your claim.
If you have any questions about the issues raised in this article you can contact our Medical Negligence team.
Making a Medical Negligence Claim in Ireland
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The Medical Negligence team at Callan Tansey Solicitors LLP has successfully represented many people with Erb’s Palsy. Our work has got explanations from the hospitals concerned as to how this injury occurred. We have also secured compensation for this birth injury...
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The staff at hospital Accident and Emergency Departments provide vital and valuable services to the entire community. However, Emergency Department Medical Negligence claims account for almost 15% of all Medical Negligence claims. The most recent studies have shown...
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