The recent revelations surrounding pediatric scoliosis treatment at Temple Street Hospital have sent shockwaves across Ireland. Heartbreaking stories, such as the tragic case of nine-year-old Harvey Morrison Sherratt who died after waiting years for spinal surgery, have sparked public outcry and left many families feeling betrayed and desperate for answers.
At HOMS Assist, we have seen the devastating impact that medical failings can have on families. As a Medical Negligence Solicitor, my role is to provide clarity and support during these incredibly difficult times, writes Rachael O’Shaughnessy. This post will offer a legal perspective on the scoliosis scandal, explain what constitutes medical negligence, and outline the steps affected families can take to seek justice.
Background on the Temple Street Scoliosis Scandal
The crisis at Temple Street Hospital, part of Children’s Health Ireland (CHI), involves several deeply concerning issues that have come to light through media reports and official investigations.
Use of Unauthorised Implants
One of the most shocking revelations was the use of non-CE marked springs in at least three spinal surgeries. These devices, which had not been approved for medical use, were implanted in children with severe scoliosis. A 2025 Health Information and Quality Authority (HIQA) report condemned this practice, highlighting that the springs were sourced from a non-medical industrial supplier and were made of materials known to corrode, making them completely unsuitable for implantation.
Crucially, it was found that there was no formal approval from senior clinical leaders for their use, and the families involved were not given the opportunity for proper informed consent.
Systemic Governance Failures
The HIQA report went further, identifying significant governance breakdowns within the hospital’s orthopaedic service. It described an environment lacking
“an open, inter-collegiate atmosphere,”
where critical questioning was suppressed. This toxic culture, combined with inadequate oversight for medical devices and poor communication, created a situation where patient safety was compromised. These were not isolated incidents but symptoms of deeper, systemic failings.
The Impact of Prolonged Waiting Lists
Beyond the issue of unauthorised implants, the scandal has once again highlighted the catastrophic impact of Ireland’s surgical waiting lists. The tragic death of Harvey Morrison Sherratt, who waited almost three years for his operation, has brought this issue into sharp focus. In 2017, then-Minister for Health Simon Harris pledged that no child would wait more than four months for this life-changing surgery. That promise was broken. As of 2025, hundreds of children are still waiting, enduring pain and the risk of irreversible complications as their conditions worsen.
A Legal Opinion on Medical Negligence
The events at Temple Street Hospital raise serious questions about medical negligence. From a legal standpoint, the situation is complex, but there are clear grounds for families to seek legal recourse.
Medical negligence occurs when a healthcare professional or institution fails to provide a standard of care that a reasonably competent professional would have provided under similar circumstances, and this failure results in harm to the patient.
In the context of the scoliosis scandal, potential claims for medical negligence could arise from several areas:
- Use of Unauthorised Devices: Implanting non-medical grade, unapproved devices into a child is a clear breach of the duty of care. This action exposes the child to significant and foreseeable harm.
- Lack of Informed Consent: Patients (or their parents) have the right to be fully informed about the risks, benefits, and alternatives of any proposed treatment. The failure to disclose that the springs were experimental and unauthorised is a fundamental violation of this right.
- Surgical Errors: If the surgical technique itself was substandard or led to complications that a competent surgeon would have avoided, this could constitute negligence.
- Delays in Treatment: The failure to provide timely surgery, especially after promises were made to reduce waiting times, could be considered negligent if it can be proven that the delay caused the child’s condition to deteriorate significantly, leading to a worse outcome.
For a claim to be successful, it must be proven that the breach of duty directly caused the injury or harm suffered by the child.
Understanding Patient Rights and Establishing Negligence
Every patient in Ireland has the right to expect a certain standard of care. When this standard is not met, and harm occurs, the legal system provides a pathway to seek accountability and compensation.
To establish a medical negligence claim, four key elements must be proven:
- Duty of Care: A medical professional or hospital owed the patient a duty of care. This is almost always established once a patient-doctor relationship exists.
- Breach of Duty: The care provided fell below the accepted standard. This is determined by assessing whether the actions taken were reasonable compared to what a competent peer would have done.
- Causation: The breach of duty directly caused or significantly contributed to the patient’s injury or worsened condition.
- Damages: The patient suffered actual harm, which can include physical pain, psychological trauma, additional medical expenses, and loss of quality of life.
Navigating these legal requirements can be challenging, which is why specialised legal advice is essential.
How HOMS Assist Can Help Affected Families
If your family has been affected by the scoliosis scandal at Temple Street Hospital, we understand that you may feel overwhelmed, angry, and unsure where to turn. At HOMS Assist, our dedicated medical negligence team is here to provide the support and expert guidance you need.
We can help you by:
- Providing a Confidential Consultation: We offer a compassionate and confidential space to discuss your experience and understand your legal options.
- Investigating Your Case: Our team will meticulously review all medical records and engage independent medical experts to assess whether the standard of care was breached.
- Guiding You Through the Legal Process: We will explain each step of the process in clear, simple terms, ensuring you are fully informed and empowered to make decisions.
- Fighting for Justice and Compensation: We are committed to securing the best possible outcome for your family, helping you obtain compensation for the harm suffered and holding those responsible to account.
With over 55 years of experience, our award-winning solicitors have a proven track record in handling complex medical negligence claims with sensitivity and professionalism.
Seeking Justice for Your Child
The revelations from Temple Street Hospital are a stark reminder of the devastating consequences when healthcare systems fail our most vulnerable. While no legal action can undo the pain and suffering families have endured, it can provide a sense of justice, financial support for ongoing care, and drive meaningful change to prevent such tragedies from happening again.
If you have any concerns about the care your child received, it is vital to seek expert legal advice. Contact HOMS Assist today for a confidential discussion about your situation. Our compassionate team is here to listen and help you find a way forward.
