Medical Negligence Claims

When the Murphy family encountered the unimaginable tragedy of losing their ten-year-old daughter, Vivienne, due to a misdiagnosed Strep A infection, they turned to HOMS Assist for legal support. With expertise in handling medical negligence claims, HOMS Assist represented the family at the Dublin District Coroner’s Court, achieving a verdict of death by medical misadventure. This case has since prompted discussions about enhancing healthcare protocols to prevent similar tragedies.

Introduction

HOMS Assist is a leading Irish law firm specialising in medical negligence, among other areas, with offices in Dublin, Limerick, and Cork. Known for its empathetic and client-oriented approach, HOMS Assist provides comprehensive legal support to those seeking justice and resolution in their legal battles. Their dedication to upholding patient rights and service excellence has made them a trusted name in legal assistance across Ireland.

An Unthinkable Tragedy

The Murphy family from Cork faced an unthinkable situation when their daughter, Vivienne, succumbed to a Strep A infection that went undiagnosed. The series of unfortunate events began when Vivienne presented with symptoms such as a sore throat, rash, and fever. Despite their repeated visits to healthcare facilities, healthcare professionals reassured the family that her condition was viral, leading to a delay in appropriate treatment.

The critical issues encountered in this case included:

• Misdiagnosis and Delayed Treatment: Vivienne’s condition rapidly deteriorated, and there was a critical delay in identifying the bacterial infection which led to sepsis.
• Lack of Paediatric ICU in Cork: When the severity of Vivienne’s condition was finally recognised, Cork University Hospital’s lack of a paediatric intensive care unit necessitated her emergency transfer to Dublin, further delaying essential care.
• Communication Breakdown: The inquest revealed significant communication gaps among medical professionals, exacerbating the already critical situation.

Legal Guidance and Support

HOMS Assist provided the Murphy family with the legal guidance and support they needed to seek accountability and prevent future tragedies. With a focus on both professional diligence and personal empathy, the legal team led by Rachael O’Shaughnessy represented the family during the inquest at the Dublin District Coroner’s Court.

Key aspects of their approach included:

• Thorough Investigation and Evidence Collection: HOMS Assist meticulously gathered evidence and testimonies from medical professionals and the family to present a comprehensive case at the coroner’s inquest.
• Strategic Legal Representation: The legal team’s expertise facilitated a detailed examination of healthcare practices and protocols, highlighting the systemic failures that contributed to Vivienne’s untimely death.
• Advocacy for Systemic Change: By emphasising the need for improved healthcare protocols, particularly around the diagnosis and treatment of Strep A, HOMS Assist advocated for institutional improvements that could prevent similar incidents.

Results

The case concluded with a ruling of medical misadventure, acknowledging the series of failures in Vivienne’s care. The coroner’s verdict emphasised the complexity of the medical case and underscored the urgent need for enhanced healthcare protocols.

Key outcomes included:

• Legal Accountability and Awareness: The coroner’s acknowledgment of the misdiagnosis highlighted the importance of recognising and treating Strep A promptly.
• Recommendations for System Improvements: The coroner’s recommendations included a review of on-call arrangements, improved communication among medical staff, and the establishment of a paediatric ICU in Cork.
• Family Empowerment and Advocacy: Despite their grief, the Murphy family found some solace in the verdict and continue to advocate for healthcare improvements to prevent future tragedies.

Conclusion

The partnership between the Murphy family and HOMS Assist not only provided justice and recognition for their loss but also catalysed potential improvements within the Irish healthcare system. Their collaboration underscored the vital role of adept legal representation in advocating for accountability and systemic change.

HOMS Assist remains committed to supporting families like the Murphys, offering empathetic and expert legal assistance during their most challenging times. Looking forward, they aim to continue driving meaningful reform in healthcare practices through advocacy and legal excellence.

If your family is facing a similar challenge and you seek support, contact HOMS Assist to book a consultation and explore how we can help secure justice and drive systemic change.

This case study explores how HOMS Assist successfully represented a patient in a medical negligence claim against the Health Service Executive (HSE) and its consultant. The patient suffered significant post-operative complications due to inadequate informed consent and poor operative technique. By effectively presenting the case, HOMS Assist achieved a favourable High Court settlement for the client.

Introduction

HOMS Assist is a reputable law firm based in Ireland, specialising in a range of legal areas, including medical negligence. We are recognised for our meticulous approach and dedication to securing justice for clients. Our commitment to providing compassionate and expert legal services has positioned them as a leading authority in medical negligence cases.

The Problem

The client, a woman with a complicated gynaecological history, underwent elective surgery. However, she did not receive adequate information about the significant risks associated with her procedure, specifically the risk of abdominal lacerations, which were substantially higher in her case (60-70%) compared to generic risks (1-2%).

Inadequate consent led to her suffering post-operative complications, including:

• Laceration of her ureter and severe infection.
• Readmission and prolonged treatment due to the damage.
• Anxiety and health uncertainty stemming from the complications.

Additionally, the operative technique employed was deemed substandard. Despite these significant issues, the claim was contested vigorously by the defendants.

The Solution

HOMS Assist expertly navigated the complexities of the case, building a comprehensive claim that demonstrated the failure in providing fully informed consent and the poor standard of care received. The legal team:

• Reviewed all medical records.
• Consulted with medical experts.
• Prepared meticulous documentation to substantiate their client’s claim.

By focusing on the deviation from established medical standards and the specific risks pertinent to their client, they were able to present a compelling argument. HOMS Assist engaged in strategic negotiations and secured a settlement on a without-prejudice basis, ensuring that the client received compensation without an admission of liability from the defendants.

Results

Thanks to HOMS Assist’s rigorous efforts, the client achieved a successful and satisfying resolution through a High Court settlement. The client received compensation that addressed the physical, emotional, and financial repercussions endured post-surgery.

Key outcomes included:

• Securing a High Court settlement on a without-prejudice basis.
• Compensation for medical costs, emotional distress, and life disruptions.
• Establishing legal precedence for the necessity of explicit informed consent, especially in cases with significantly increased risk.

Conclusion

The resolution of this case underscores HOMS Assist’s ability to provide expert legal guidance with compassion and professionalism. Beyond achieving a successful settlement, this case highlights the vital importance of adequate informed consent in surgical procedures, advocating for patient awareness and safety.

HOMS Assist remains committed to supporting clients with diligence and empathy, ensuring accessibility to justice for those affected by medical negligence.

To learn more about how HOMS Assist can support you in navigating complex legal challenges, book a consultation or explore insightful resources on our website.

HOMS Assist recently represented a patient in a High Court case involving alleged negligent medical care following a foot fracture. The client’s condition was misdiagnosed, leading to a complicated surgery and permanent impairment. By skilfully addressing the legal challenges, HOMS Assist secured a six-figure settlement, along with High Court costs, without the defendants admitting liability, demonstrating the firm’s expertise in medical negligence claims.

Introduction

HOMS Assist, a distinguished law firm with over 50 years of experience in medical negligence cases, operates in Dublin, Limerick, and Cork. Renowned for their client-centred approach and swift case resolutions, the firm offers invaluable legal guidance in complex medical scenarios. This case study highlights a significant win for a client who suffered due to medical negligence in an independent trauma clinic, spotlighting HOMS Assist’s pivotal role in reaching a favourable settlement.

The Problem

The client, a patient and passionate equestrian, faced a series of unfortunate medical decisions after being thrown from her horse, resulting in a fall that fractured her foot. She sought initial treatment at an independent trauma clinic, where X-rays were performed, and she was advised to wear an air boot with a follow-up consultation scheduled with an orthopaedic surgeon.

The surgeon reviewed her X-rays and prescribed continued use of the boot without further imaging, failing to realise the extent of her injuries, which included:

• A dislocated Chopart joint.
• Fractures to the navicular and talar bones.

This oversight resulted in significant pain and complications, necessitating a more invasive surgical intervention—a Chopart fusion—leading to permanent disability and reduced joint flexion. The delay in obtaining appropriate treatment caused not only physical discomfort but also emotional distress, diminishing her quality of life.

The Solution

Recognising the severity of the misdiagnosis and the client’s resulting hardships, HOMS Assist launched High Court proceedings against the trauma clinic and the consulting orthopaedic surgeon, asserting that standard care protocols were inadequately followed.

They argued that if a CT scan had been conducted initially, the true nature of the injuries would have been diagnosed correctly, requiring only minor corrective surgery with no long-term consequences for the client.

The legal team:

• Meticulously gathered evidence.
• Constructed a compelling argument, focusing on the deviation from accepted medical standards and the preventable nature of the client’s ongoing health issues.

Their strategic approach pressured the defendants into settlement discussions during the trial week, resulting in a substantial six-figure settlement covering damages and legal costs.

Results

The resolution of this case brought significant relief to the client, who successfully avoided the emotional toll of a prolonged trial. The financial settlement recognised the preventable harm caused by the initial misdiagnosis and subsequent delayed treatment. While no admission of liability was made by the defendants, the outcome validated the client’s pursuit of justice and compensated for her suffering.

Key Outcomes:

• Financial Compensation: Obtained a six-figure settlement along with High Court costs.
• Validation: The settlement reflected a recognition of the hardship faced by the client, providing a sense of closure.

Conclusion

This case underscores the essential role that meticulous and compassionate legal representation plays in navigating medical negligence claims. For HOMS Assist, achieving a fair settlement for their client reinforced their reputation as leaders in the field, committed to holding medical professionals accountable while advancing their client’s interests.

Looking forward, HOMS Assist remains dedicated to providing expert counsel to those affected by medical negligence, continually enhancing their legal strategies to address emerging challenges in the healthcare domain.

If you or someone you know has experienced adverse effects from medical care, trust HOMS Assist for attentive, expert advice.

Rebecca Collins faced the heartbreaking loss of her stillborn daughter, Hannah, at the University Maternity Hospital Limerick, attributing the tragedy to medical negligence. Through the dedicated efforts of HOMS Assist, a legal firm with expertise in medical negligence, Rebecca received not only a substantial settlement but also a formal apology from the Health Service Executive (HSE). This case highlights the importance of legal advocacy and patient safety reforms in the medical field.

Introduction

Rebecca Collins’s life was irreversibly altered 16 years ago when she experienced the devastating delivery of her stillborn daughter, Hannah, at the University Maternity Hospital Limerick. Overwhelmed by grief and unanswered questions, she embarked on a challenging legal battle against the Health Service Executive (HSE). Having encountered frequent accounts of medical negligence, Rebecca was determined that Hannah’s story be heard and that it serve as a catalyst for change.

The Problem

For many years, Rebecca Collins lived with the belief that her daughter’s stillbirth was the result of medical oversight. Her suspicions were regrettably confirmed by an investigative programme by RTÉ, which revealed discrepancies in the interpretation of cardiotocography (CTG) scans during her pregnancy—errors that were directly linked to the tragedy.

Despite coping with profound loss, Rebecca was spurred by these revelations to seek accountability and reform.

The revelation of negligence not only deepened her sorrow but also drove her to pursue legal action. The challenge lay not just in seeking reparation for harm caused but in confronting an entrenched system resistant to admitting fault. The daunting task of challenging a powerful institution required a legal partner who could draw upon a wealth of experience in medical negligence cases.

Rebecca engaged the services of HOMS Assist, a law firm renowned for its success in medical negligence claims. The firm, with over five decades of expertise, prides itself on delivering personalised, compassionate assistance to its clients.

The Solution

Understanding the emotional weight of the case, HOMS Assist approached it with both meticulous attention to detail and empathy. With thorough investigation and strategic expertise, HOMS Assist navigated the complexities of medical protocols and engaged with expert witnesses to bolster Rebecca’s case.

Their efforts culminated in:

• A court acceptance of liability from the HSE.
• A formal apology from the HSE.

This admission was pivotal, offering Rebecca a measure of solace and serving as a crucial step towards ensuring such oversights do not recur.

Results

The resolution of Rebecca’s case is emblematic of the impactful work undertaken by HOMS Assist. The acknowledgment of liability by the HSE and the receipt of a substantial settlement not only offered personal vindication to the Collins family but also underscored the importance of accountability in medical practice.

Key outcomes from the legal proceedings included:

• Formal Apology: The public acknowledgment from the HSE, which marked a significant emotional milestone for Rebecca, validating her long-held concerns.
• Awareness and Reform: The visibility of the case highlighted the necessity for systemic change within healthcare procedures, fostering a reevaluation of patient safety measures to prevent future tragedies.
• Client Satisfaction: Rebecca’s testimony speaks to HOMS Assist’s professionalism and dedication.
  • “HOMS Assist walked this painful path with me, guiding with empathy and unwavering commitment to justice,” she stated.

Additionally, the Patient Safety Bill, passing a critical legislative hurdle, promises transparency and expedited responses in serious incidents.

Conclusion

Rebecca Collins’s quest for justice in the face of immense personal loss reached a conclusion that provided both personal and societal benefit. Through HOMS Assist’s expert legal guidance, Rebecca not only attained closure but also contributed to ongoing discussions about patient safety reform in healthcare.

This partnership illustrates the profound impact that legal advocacy can have in correcting systemic failures and improving safety standards. The changes initiated by this case serve as a lasting tribute to Hannah and reassure other families encountering similar circumstances that their voices will be heard.

For those in need of support in instances of medical negligence, HOMS Assist invites you to connect with their team for trusted, comprehensive legal advice and representation.

The tragic and premature death of baby Kevin McNeill at Dublin’s National Maternity Hospital exposed significant shortcomings within their operational procedures. The hospital’s admission of liability in civil proceedings painted a stark contrast to the natural causes verdict delivered by the Coroners Court. Represented by HOMS Assist Solicitors, Shauna McNeill and Kevin Lee are pursuing civil action against the hospital. This case study explores how HOMS Assist’s professional and empathetic handling of sensitive legal matters helps clients seek justice and accountability in complex medical negligence cases.

Introduction

HOMS Assist Solicitors, based in Ireland with offices in Dublin, Limerick, and Cork, are renowned for providing expert legal services ingrained with deep empathy and understanding. Specialising in medical negligence claims, amongst other legal services, the firm holds over 55 years of experience advocating for individuals who have suffered at the hands of systemic medical errors and negligence.

Shauna McNeill and Kevin Lee approached HOMS Assist following the death of their newborn, baby Kevin, under the care of the National Maternity Hospital. The couple faced a harrowing conflict between the hospital’s admission of liability in a civil context and the inquest’s ruling of natural causes. Striving for both justice and the prevention of future tragedies, parents like Shauna and Kevin rely heavily on legal representatives who marry professionalism with a compassionate approach.

The Problem

The core issue in this deeply troubling case was the manner and timing of baby Kevin McNeill’s birth-related treatment. Born on 10 February 2019, baby Kevin tragically passed just seven days later.

The family claimed that the signs of distress shown on the Cardiotocography (CTG) during labour warranted a timely intervention that could have saved their child’s life. The baby’s unfortunate death was attributed to:

• Group B sepsis.
• An ischaemic brain injury, conditions directly traceable to the hospital’s lack of corrective action.

At the inquest held on 20 September 2022, despite compelling evidence, Coroner Dr Clare Keane ruled death by natural causes. This verdict was in stark contrast to the National Maternity Hospital’s admission of liability in the originating civil proceedings. The cognitive dissonance between these outcomes undoubtedly added to the parents’ suffering, driving their pursuit of justice and accountability.

The Solution

HOMS Assist Solicitors, known for their unwavering dedication to justice and client welfare, were on hand to assist Shauna McNeill and Kevin Lee through the complexities of their civil proceedings. Through their tailored services, HOMS Assist provided an empathetic legal path forward during an overwhelmingly emotional time.

The firm meticulously developed a strategic legal plan aiming not only to contest and question the Coroners Court ruling but also to advance the civil proceedings against the National Maternity Hospital effectively. By aligning its legal framework with the hospital’s own liability admission, HOMS Assist reinforced the McNeills’ case, challenging the notion of ‘natural causes’ and underscoring accountability.

Results

The dedicated legal manoeuvres led by HOMS Assist Solicitors in favour of the McNeill family underscored several outcomes:

• Acknowledgement and Accountability: Despite the Coroners Court’s ruling, the publicised acknowledgment of liability had a significant impact, drawing increased media attention and public interest.
• Engagement with the Hospital: The coroner’s decision to write to the Master of the National Maternity Hospital appealing for respectful family options post-discharge reveals an institutional or systemic evolution prompted by public and legal pressures.
• Client Satisfaction: Shauna McNeill and Kevin Lee expressed profound appreciation for the compassion and advocacy demonstrated by HOMS Assist throughout their ordeal.

Conclusion

What the McNeills faced echoes a formidable issue within healthcare settings nationwide—achieving meaningful transparency and accountability. By turning to HOMS Assist Solicitors, the family initiated a pursuit for justice that not only hopes to achieve a rightful verdict for baby Kevin but aims formatively to safeguard other families from comparable heartbreak.

Through professional expertise and compassionate understanding, HOMS Assist assures its clients that their voices are heard and justice, though rigorous, is pursued tirelessly. The evolving relationship between the McNeills and the firm underlines HOMS Assist’s relentless commitment to advocacy and reform within medical negligence claims.

If you have experienced similar challenges or need advice regarding a medical negligence case, HOMS Assist Solicitors are ready to support you with precision and empathy.

HOMS Assist skilfully tackled a medical negligence case involving a patient who was wrongly dispensed medication by a pharmacist. The patient suffered adverse effects from the incorrect drug and missed treatment for her actual condition. HOMS Assist’s intervention led to an early admission of liability and a prompt settlement, avoiding the cumbersome process of a court hearing. This case exemplifies our commitment to obtaining justice with efficiency and compassion.

Introduction

HOMS Assist, a distinguished law firm in Ireland, specialises in personal injury and medical negligence cases, leveraging extensive legal expertise and a client-centric approach. We have built a solid reputation in the legal industry for our ability to secure favourable outcomes for our clients. When a patient experienced medical negligence due to a pharmacy’s error, HOMS Assist quickly became instrumental in navigating the complexities of her situation.

The Problem

The client’s ordeal began when she was dispensed the wrong medication by her pharmacist. For nearly two weeks, this patient unsuspectingly consumed the incorrect drug, expecting it to manage her medical condition effectively. Instead, she suffered from new, unwelcome symptoms, while her original medical issues remained untreated.

This predicament caused significant distress and confusion, compounding her health risks and emotional strain. This situation called for not just a resolution but also an advocate who could ensure her voice was heard, and her suffering acknowledged.

The Solution

HOMS Assist entered the scene ready to harness their legal acumen and compassionate ethos. Realising the urgency and personal impact, they prioritised swift action and clear communication.

First, our experienced legal team began by meticulously gathering details and evidence surrounding the pharmaceutical mistake. With comprehensive evidence at their disposal, HOMS Assist approached the dispensing pharmacy, emphasising the gravity and apparent liability involved.

Effective communication and strategic negotiation led to an early admission of fault from the responsible party. This proactive and authoritative approach eliminated the need for a drawn-out legal battle, evading the delays inherent in court hearings.

Throughout this process, HOMS Assist maintained a deeply empathetic relationship with the patient, ensuring she was continuously informed, supported, and confident in her representation. This emotionally savvy handling helped alleviate some of her stress, allowing her to focus on recovery.

Results

Thanks to HOMS Assist’s adept handling, the case culminated in a settlement achieved without protracted courtroom proceedings. The client received compensation that acknowledged her undue suffering and the additional medical attention needed to address both the new symptoms from the wrong pharmaceutical and her original untreated condition.

Notable Results Include:

• Early Admission of Liability: Achieved swiftly, with the at-fault party recognising their mistake.
• Timely Compensation: Avoided lengthy court assignments, with the patient compensated promptly.
• Preserved Client Well-being: Through comprehensive communication and reassurance, the client felt understood and prioritised.

Conclusion

HOMS Assist’s case exemplifies more than just navigation through legal challenges—it embodies an empathetic approach toward patient advocacy. Our solicitors’ prowess in early negotiations, adept handling of complexities, and ensuring client comfort underscores their dedication to achieving timely justice.

Moving forward, HOMS Assist remains committed to supporting individuals facing medical negligence with the same blend of expertise and compassion. Our ongoing partnerships stand as a testament to our reliability and excellence in delivering legal services. By prioritising the needs and well-being of our clients, we continue to lead the way in transforming how legal support addresses personal injuries and medical negligence.

For those interested in learning more or exploring similar legal support, book a consultation with HOMS Assist. Witness the difference our insight and dedication can make in your legal journey.