Man receives apology from Cork University Hospital as he settles case for €2.1m

ireland
Man Receives Apology From Cork University Hospital As He Settles Case For €2.1M
An apology on behalf of Cork University Hospital was read to the High Court on Thursday
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High Court reporters

Cork University Hospital has apologised in the High Court to a man for the shortcomings in his care when he was having CT (computed tomography) scans at the hospital.

The apology from the hospital chief executive was read to the court after the man, who suffered a brain injury when he had a heart attack during a scan five years ago, settled his legal action for €2.1 million.

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The man cannot be named by order of the court.

The man's counsel, Oonah McCrann SC, instructed by Cantillons solicitors, told the court that if a first CT scan had been correctly reported and shown an abscess at the back wall of the throat, the man would not have needed another type of CT scan which required a sedative.

Ms McCrann said the man was given a sedative but suffered a cardiac arrest and a brain injury.

In the statement, Cork University Hospital's chief executive apologised to the man and his family for “the shortcomings in care” which occurred.

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“I appreciate that this has been a very difficult time for you. On behalf of Cork University Hospital, we are truly sorry,” it concluded.

The man, who is in his 60s and has Parkinson’s disease, had sued the HSE.

Ms McCrann told the court that liability was admitted in the case, but causation remained an issue and the HSE contended the injuries alleged relating to cognitive difficulties were attributable to his pre-existing Parkinson’s disease.

Ms McCrann said it was an extremely complex case and an expert on their side would say the cognitive impairment was attributable to the brain injury.

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In February 2019, the man complained of pain in his neck which got progressively worse. He was admitted on February 18th, 2019, to Cork University Hospital at near midnight.

It was claimed that if the CT examination of the man’s neck, which was carried out in the early hours of February 19th, 2019, had been correctly reported as showing the abscess infection, he would not have been required to have another type of CT scan or undergo sedation.

It was claimed there was a failure in relation to the first CT examination of February 19th, 2019, to correctly interpret it and a failure to recognise it showed evidence of an abscess.

The scan, it was claimed, was reported as showing no neck abscess.

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As a result, it was alleged the man was caused to undergo an unnecessary CT myelogram which required the administration of a sedative.

It was contended there was a failure to have any or any adequate regard to potential effects of the man’s Parkinson’s condition or of the medicine previously administered to him following his attendance at the hospital.

It was further alleged there was a failure to recognise the man’s deterioration and to intervene prior to his suffering a cardiac arrest.

If the man had been appropriately observed or monitored following the administration of the sedative and during the course of the CT myelogram on February 19th, 2019, it is claimed the deterioration of his condition would have been detected and earlier intervention arranged, and he would not have suffered cardiac arrest and a brain injury.

Approving the settlement, Mr Justice Paul Coffey conveyed his best wishes to the man and his family.

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