A recent case brought before the High Court in Dublin has brought renewed attention to the challenges and complexities surrounding medical negligence claims in Ireland. Eight-year-old Evan McCurry, who suffered a catastrophic brain injury following surgery as a baby, has secured a €2 million interim payment after his family’s legal action against Children’s Health Ireland (CHI) was settled without any admission of liability.
This blog explores the details of the case, the processes involved in pursuing a medical negligence action, and the broader lessons for families seeking answers and justice in similar circumstances.
Case background
Evan McCurry was born with complex congenital heart disease. Like many children with this condition, he required several major surgeries at a young age. On 5 September 2017, Evan underwent a surgical procedure at Children’s Health Ireland, Crumlin. For his family, what followed was every parent’s nightmare.
After surgery, Evan developed signs of wound infection and, within weeks, went into severe septic shock. This resulted in a devastating brain injury, which has left Evan with significant cognitive impairment. The legal case, led by his mother Helen McCurry, focused on whether the warning signs of infection had been overlooked and if timely intervention could have prevented the catastrophic outcome.
What happened in the High Court case
After a prolonged and complex legal battle, the case was settled on the fourth day of hearings. The settlement included a €2 million interim payment for Evan and annual payments of €250,000 for the next four years.
Importantly, the settlement was made without any admission of liability from CHI. The hospital maintained that Evan’s infection developed rapidly and that all reasonable care was provided, while the family’s legal team argued that earlier diagnosis and intervention could have changed the outcome.
The trial judge, Mr Justice Paul Coffey, approved the settlement, stating that it was “fair and reasonable” given the circumstances. The case has been adjourned until 2030, by which time further assessments and settlements relating to Evan’s ongoing care needs will be considered.
Understanding medical negligence claims in Ireland
What constitutes medical negligence
Medical negligence occurs when a healthcare provider fails to meet the standard of care expected, leading to harm or injury to a patient. Not all poor outcomes are the result of negligence, and establishing a claim often requires proving that:
- The healthcare provider owed a duty of care.
- There was a breach of that duty.
- The breach directly caused an injury or harm.
- The injury resulted in loss or damage.
Children’s cases are particularly complex, as the long-term impacts of an injury may not become clear for years, requiring interim settlements to ensure ongoing support.
Steps involved in making a claim
The process of making a medical negligence claim typically involves:
- Obtaining medical records
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- A legal team will gather all relevant records from healthcare providers to build a clear picture of the events.
- Independent expert review
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- Medical experts review the care provided to assess whether it fell below the required standard.
- Legal proceedings
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- If negligence is established, a claim is initiated. For cases involving minors or those with cognitive impairments, the court plays a role in protecting their interests and approving settlements.
- Ongoing assessment
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- When long-term needs are expected, interim payments are often agreed, with ongoing reviews to ensure the patient’s evolving needs are met.
Challenges faced by families
Navigating a medical negligence claim can be emotionally and practically demanding. Families must come to terms with traumatic events, learn to advocate for their children, and manage the legal process, often over many years. The absence of an admission of liability can add to this distress, as families may feel their concerns are never fully acknowledged.
That’s why experienced and compassionate legal support is essential. The right legal team can shoulder the administrative burden, provide vital expertise, and empower families to pursue justice.
Lessons and implications from Evan’s case
Evan’s story highlights several issues that families, healthcare providers, and policymakers must consider.
Early recognition of complications matters
The case centred around allegations that warning signs of infection after surgery were not adequately addressed, and that antibiotic treatment should have started sooner. While the allegations were denied, the medical literature consistently emphasises that early recognition and prompt response to complications like sepsis save lives.
No admission of liability does not mean no wrongdoing
Settlements in complex medical cases are often made “without admission of liability”. This is standard legal practice but can be frustrating for families. It allows compensation to be paid out and care needs met without lengthy litigation or reputational damage to the institution. Nevertheless, it does not necessarily exonerate all aspects of care.
The need for interim payments
For children with lifelong or unclear care needs, interim settlements provide vital security and enable periodic reassessment as needs change. This approach gives families some stability while ensuring that further compensation can be revisited as the child grows.
Support and advocacy are crucial
Legal action is daunting, especially when it follows a family trauma. Support from specialist medical negligence solicitors, like those at HOMS Assist, helps families find clarity, practical solutions, and, ultimately, justice. Compassionate advocates make a difference not just in outcome, but also in the family’s experience of the process.
How to determine if you have a valid medical negligence claim
If you suspect that you or your child has suffered as a result of substandard medical care, consider the following steps:
- Document everything
Keep a record of symptoms, treatments, conversations with medical professionals, and how the outcome has affected your day-to-day life.
- Consult a specialist solicitor
Medical negligence is a complex area of law. Engaging a solicitor with a proven track record brings expertise and peace of mind. At HOMS Assist, your initial consultation may be complimentary, and the team will handle every aspect of your case, from record gathering to arranging expert assessments.
- Understand time limits
Most claims must be brought within two years (less one day) of the date you became aware of the potential negligence. Exceptions apply for minors and those lacking mental capacity.
- Be prepared for a long process
Medical claims, particularly those involving children, can take years to resolve. Interim payments may offer some relief during this time.
Insights from other medical negligence cases
The story of Evan McCurry is not unique. Irish courts have seen a range of similar claims in recent years, including tragic cases resulting in death or lifelong disability due to delayed diagnosis, failure to recognise infection, or surgical errors. Each case is a powerful reminder of the critical importance of vigilance, good communication, and responsive care within our healthcare system.
Solicitors such as those at HOMS Assist have a long history of advocating for families in these heartbreaking situations. Their expertise helps clients achieve tangible results, including compensation, formal apologies, and changes to medical protocols to prevent repeated mistakes.
Accessing support and legal expertise
The process of seeking answers when a medical outcome goes wrong can be confusing and lonely. A team that is both professional and empathetic, like the solicitors at HOMS Assist, can provide not just expert legal guidance but the personal support families truly need.
By combining technical skill, thorough investigation, and a commitment to their clients’ well-being, experienced medical negligence solicitors help secure settlements that fund essential care, rehabilitative support, and, when needed, future reassessments. They also help relieve the administrative and emotional burden so that families can focus on what matters most.
If you find yourself dealing with a poor medical outcome and need advice, reach out for a confidential chat. Knowing your rights is the first step in seeking the resolution and support you deserve.
Taking the next step towards answers and support
Every medical negligence case represents a family seeking resolution, support, and a safer future for others. While the road to justice is seldom straightforward, no family should feel they are walking it alone.
If you need guidance, explore medical negligence resources from HOMS Assist, where you’ll find a wealth of information and access to Ireland’s leading team of specialist solicitors. With expertise, experience, and empathy, HOMS Assist can guide you through every stage of a claim, ensuring your voice is heard and your needs are met.
