Medical negligence can have a profound and life-altering impact, as highlighted by a recent case involving Kathleen Healy, an 82-year-old woman whose diagnostic procedure at Sligo University Hospital resulted in a perforation of her throat. This incident underscores the importance of holding healthcare providers accountable for mistakes while ensuring that patients receive the support and justice they deserve.
This blog explores the details of Kathleen’s case, the implications for medical negligence victims in Ireland, and how those affected can pursue legal recourse.
What Happened to Kathleen Healy?
Kathleen Healy, a vibrant and independent woman from Sligo, faced an unexpected and life-changing setback after being referred to Sligo University Hospital for a gastroscopic procedure in July 2022 due to persistent pain and heartburn.
During the procedure, complications arose. The surgical registrar performing the procedure noticed blood oozing from Kathleen’s mouth and nose after an attempt at intubation. The procedure was abandoned, but not before a perforation of her oropharynx (an area in the throat) occurred, leading to severe complications. Kathleen was sedated prior to the procedure and later transferred to Galway University Hospital for specialised treatment.
The severity of the injury led to an extended stay in intensive care and a permanent reliance on tube feeding. With her condition limiting her ability to live independently, Kathleen was ultimately moved to a nursing home, far from her community and late husband’s grave—a change that drastically disrupted her life.
Legal Proceedings and Apology
Kathleen alleged negligence and a breach of duty of care by the Health Service Executive (HSE). During the trial, her case reached a settlement, the details of which remain confidential. Despite the settlement, what stands out is Sligo University Hospital’s formal apology acknowledging the life-changing impact of their actions.
Kathleen’s daughter, Siobhán Brosnan, reflected on the “horrific” two years following the incident and expressed gratitude for the apology, although she noted it was a long time coming.
What is Medical Negligence?
Medical negligence, also referred to as medical malpractice, occurs when a healthcare professional provides substandard care that results in harm or injury to a patient. While not all negative medical outcomes are considered negligence, viable claims often share these three critical components:
- Breach of Duty: The care provided fell below the standard expected of a competent medical professional.
- Causation: The breach directly caused harm or injury to the patient.
- Damages: The harm resulted in tangible losses, such as pain and suffering, medical expenses, or loss of independence.
Kathleen’s case is a prime example of how a breach of duty in medical care can lead to significant suffering and long-lasting consequences.
How Common is Medical Negligence in Ireland?
Recent findings highlight that errors in healthcare settings can happen more often than many of us would hope. According to the Health Service Executive’s Annual Report, medical negligence claims and cases have been on the rise in Ireland in recent years. Behind each of these statistics is a real person or family left to deal with the aftermath of inadequate care.
Your Legal Rights as a Victim of Medical Negligence
If you believe you or a loved one has been a victim of medical negligence, understanding your rights is pivotal. Victims are entitled to seek justice and compensation for the harm experienced, but navigating the legal process can feel overwhelming.
Steps to Take If You Suspect Medical Negligence
- Gather Medical Records: This essential first step ensures that you have access to all documentation related to the care you received.
- Seek Independent Medical Advice: Having another medical professional evaluate your case can provide clarity regarding whether negligence occurred.
- Consult a Medical Negligence Solicitor: Partnering with experienced solicitors, such as those at HOMS Assist, can significantly strengthen your claim and guide you through the process.
Statute of Limitations
In Ireland, victims generally have two years less one day from the date of the negligent act (or awareness of it) to file a claim. Understanding these time restrictions is vital to ensure your right to pursue justice.
Why Accountability Matters
Cases like Kathleen Healy’s not only provide closure for victims and their families but also play an essential role in healthcare quality improvement. By holding organisations accountable for negligence, public attention is drawn to systemic issues that need addressing.
This advocacy can lead to tangible improvements in processes, training, and patient safety, benefiting future patients and ensuring higher standards across the board.
How We Can Help You
At HOMS Assist, we provide expert, compassionate guidance to those affected by medical negligence. With over 50 years of experience and a dedicated team of solicitors, we are committed to achieving justice and helping our clients rebuild their lives.
Why Choose Us?
- Specialist Expertise: We have a proven track record of successful medical negligence claims, including hospital errors, surgical mistakes, and misdiagnoses.
- Empathy at Every Step: We understand the emotional and physical challenges you’re facing and work to make the process as seamless as possible.
- Nationwide Support: With offices in Dublin, Limerick, and Cork, we are here to help—no matter where you are in Ireland.
For a detailed guide on making medical negligence claims, visit our Medical Negligence Claims Guide Ireland.
Advocate for Justice Today
If you or a loved one has suffered due to medical negligence, don’t face it alone. Our solicitors are here to help you understand your rights, guide you through the process, and secure the compensation you deserve.
Contact HOMS Assist today for a free consultation and take the first step towards justice and peace of mind.