High Court Apology Shines a Light on Medical Negligence in Kerry Hospital

The recent apology from University Hospital Kerry (UHK) for significant failings in the care provided to Helen Fitzgerald, a 74-year-old woman who passed away in 2018, has once again brought the issue of medical negligence into sharp focus. For patient families and healthcare advocates, this case serves as another reminder of the gaps in Ireland’s healthcare system and highlights the vital importance of vigilance, accountability, and action.

Helen Fitzgerald’s devastating story underscores key issues within medical care and prompts us to reflect on what could—and should—be done to improve patient safety and ensure justice for those impacted by negligent care.

Understanding What Happened in the Helen Fitzgerald Case

Helen Fitzgerald, a mother and grandmother from Tralee, Co. Kerry, first sought medical attention in April 2018 due to severe stomach pains. Her condition worsened, eventually involving kidney failure and a significant infection. Despite multiple diagnoses and rounds of treatment, including antibiotics, IV fluids, and isolation measures, her ailments were not adequately managed. Helen died on 2nd June 2018 while under the care of University Hospital Kerry.

The High Court case, brought forward by Helen’s daughter on behalf of the family, alleged a failure to deliver timely and adequate treatment. Specific criticisms included delays in providing IV fluids, a lack of urgent infection control, and the failure to transfer Helen to an intensive care unit when her health further spiralled.

When the case was settled, UHK issued a formal apology, acknowledging the

“deficiencies in the standard of care”

and expressing regret for the ongoing anguish caused to her family.

The Impact of the Apology

For Helen’s family, the apology marked a significant moment in an otherwise devastating ordeal. While it did not undo the pain of losing a loved one, the public acknowledgment of mistakes offered a sense of accountability. It also served to raise awareness about the wider issue of medical negligence in Ireland.

Outside the court, Helen’s daughter Maria Byrne urged families with loved ones in hospital to

“question everything.”

Her message highlights a harsh reality that many individuals face when navigating Ireland’s healthcare system—a lack of trust in the system’s ability to deliver safe and effective care without intense oversight from the patient’s family.

The settlement not only addressed compensation but also sought to remind the healthcare system of its responsibility to ensure best clinical practices moving forward.

What is Considered Medical Negligence?

Cases like Helen Fitzgerald’s emphasise the importance of understanding what constitutes medical negligence. Medical negligence occurs when a healthcare professional or institution fails to meet the expected standard of care, resulting in injury or harm to the patient. Examples include misdiagnosis, delayed treatment, surgical errors, and substandard post-operative care.

For families experiencing the tragic consequences of inadequate healthcare, recognising whether negligence played a role can be an essential first step toward justice.

What Families Can Do if Negligence Is Suspected

Dealing with the fallout from potential medical negligence is understandably overwhelming. However, there are actionable steps families can take to address their concerns:

  1. Request Medical Records

Collect all relevant medical records and documentation related to the patient’s treatment.

  1. Seek an Independent Review

Consult a medical expert to review the records and determine whether the care provided reflects established standards of practice.

  1. Contact a Medical Negligence Solicitor

Reputable legal teams, such as those at HOMS Assist, specialise in medical negligence claims. They can offer compassionate guidance and expert advice tailored to each family’s circumstances.

  1. File a Claim if Warranted

If negligence is confirmed, the solicitor can initiate a legal claim to seek justice for the harm caused. This includes both financial compensation and systemic advocacy to help prevent similar events in the future.

It’s important to note that there is a limited window for filing claims in Ireland—typically two years from the date of the incident—and exceptions are made only in certain circumstances.

The Path to Accountability and Healthcare Reform

While individual cases like Helen Fitzgerald’s are undeniably tragic, they also serve as critical opportunities to drive systemic reform within Irish healthcare. Public apologies, such as the one issued by UHK, help shine a light on deficiencies that might otherwise remain hidden. They can influence hospitals and governing bodies to prioritise patient safety, improve communication protocols, and adopt more precise monitoring techniques for high-risk cases.

For families, solicitors specialising in medical negligence can play a pivotal role—not only in securing justice but also in advocating for long-term industry improvements.

Why Legal Support Matters

Filing a medical negligence claim is a complex and emotionally charged process. Families benefit from solicitors who approach their cases with deep empathy, professionalism, and expertise. Legal teams like HOMS Assist provide more than representation—they offer critical emotional and strategic support during challenging times.

With over 55 years of experience and proven success in achieving favourable outcomes, HOMS Assist helps patients and families confidently pursue justice.

Building a Safer Healthcare System

While no system can be entirely free of errors, the lessons we learn from negligence cases like Helen Fitzgerald’s bring us closer to creating a safer and more accountable healthcare environment. For Helen’s family, the justice they sought—and the change they advocate for—will undoubtedly resonate with countless others who have faced similar heartbreak.

If you or a loved one has experienced inadequate medical care, know that you are not alone. Reaching out to trusted professionals ensures your voice is heard and your concerns are addressed.

Speak with HOMS Assist

To learn more about your options and rights when dealing with medical negligence, visit HOMS Assist’s Medical Negligence Services or contact us directly to schedule a confidential consultation.

For advocates, families, and healthcare providers alike, the path to reform begins with awareness and accountability. Together, we can drive the change needed, ensuring every patient receives the care they deserve.

 

Get in touch

Nationwide services with dedicated offices in

Dublin

2-4 Ely Place, Dublin 2, D02 FR58

Limerick

Bishopsgate, Henry Street, Limerick, V94 K5R6

Cork

1A South Mall, Cork, T12 PV44

Share this page

OTHER SERVICES

service

Estate Planning Solicitor: Wills, Probate and Trusts

HOMS Assist provide swift case resolution and a personalised service. Contact us for all private wealth cases such as Wills and Powers of Attorney.

service

Property Law Solicitors

HOMS Assist provide swift case resolution and personalised service in Dublin and Limerick. Contact us today to discuss property law matters.

service

Medical Negligence Claims

HOMS Assist have 50+ years’ experience in offering medical negligence solicitor services in Ireland. Contact us today for expert advice and prompt case settlement.

RELATED ARTICLES

When Executors Disagree on Funeral Arrangements | Patel Case

News Article

When Executors Disagree on Funeral Arrangements

Read how failings in Noreen McCormack's care exposed gaps in HSE processes. Learn more about patient advocacy and seeking justice through legal guidance.

News Article

HSE Apologises for Failings in Pensioner’s Care

Learn how to pursue compensation for child injuries caused by negligence. Expert guidance on claims, court approvals, and ensuring your child’s rights are protected.

News Article

€30,000 Settlement Approved for Creche Injury Case: What Parents Need to Know

Learn how psychiatric care failures, like in Adam Nolan's case, highlight critical flaws in duty of care. Discover legal insights and advocacy tips here.

News Article

How a Psychiatric Care Oversight Led to a Tragedy and What It Teaches Us About Duty of Care

Learn about executor roles, legal disputes in estate administration, and navigating conflicts over wills and probate. Find solutions for your family’s needs.

News Article

Understanding Executor Roles and Estate Administration

Learn why a workplace injury claim was dismissed in Dublin and discover essential steps for filing successful work accident claims.

News Article

Court Dismisses Maternity Worker’s Damages Claim Over Workplace Thumb Injury

What we offer

We are an award winning, client-oriented law firm in Dublin, Limerick and Cork. Our solicitors provide comprehensive legal advice in an approachable and caring manner. Most of us will require a solicitor at some time in our lives. When the time comes that you do require legal support you will want to be sure that you are dealing with professionals who will work quickly and efficiently to help you. So whether you need help writing a Will, you have been in an accident, suffered an injury or illness that was not your fault, or you are looking at divorce options, we can offer clear guidance and representation to assist you in obtaining the optimum result.

Request a callback

Fill out the form below, and we will contact you shortly. Required fields are marked *

Sign up to our newsletter today

Scroll to Top