Family secures €165,000 settlement from hospital over treatment of 92-year-old

The family of a 92-year-old man who died at Dublin’s Beaumont Hospital where he had gone for treatment after suffering a fall at home have secured a €165,000 settlement of their High Court action over his death.

Patrick Dillon was a fit and active man and is a huge loss to his family and community in Swords, Co Dublin, the family’s counsel Doireann O’Mahony BL told the court.

When brought to Beaumont Hospital A&E department on July 13th, 2015 after a fall at home, he had a raised white cell count and a raised CRP count, all of which were “indicators of infection overload”, counsel said

Mr Dillon was later discharged home but was in severe pain and was brought back to the hospital three days later where “a substandard examination” took place, counsel said.

He was in renal failure but was transferred to a rehabilitation step down facility where it was discovered he had pressure sores which “have no place in modern medicine”, Ms O’Mahony said.

He was transferred back to Beaumont Hospital on July 27th, 2015. He was severely septic and showing multi-organ failure and he died on July 31st, 2015.

Mr Dillon was a very active man and also cared for his son who has special needs, counsel said.

Mr Dillon’s daughter Ann Walsh told Mr Justice Garrett Simons; “The way Daddy was treated, no old age pensioner should be treated like that.” Her father had been “put to the side”.

Mr Justice Simons said Ms Walsh had given elegant testimony about her late father and, while he would not comment, “she had spoken and it is on the record of the court” .

Beaumont Hospital had admitted a breach of duty in relation to the delay in formulating an accurate diagnosis of Mr Dillon’s condition at the hospital and his transfer to the rehabilitation hospital. The court heard other matters were at issue.

Ms Walsh, Seatown Villas, Swords, and her brother Gerard Dillon, Seatown Terrace, Swords, had sued Beaumont Hospital over the care given to their father.

It was claimed there was failure to exercise the standard of care, competence judgment, diligence and skill which it was reasonable to expect.

It was further claimed Mr Dillon was in a chair in the hospital A&E for a lengthy period of time which, it was claimed, contributed to his general deterioration.

It was also alleged a diagnosis of a spine fracture was made which was not confirmed on subsequent X-ray.

Outside court, the family solicitor Niall Tansey said the settlement marked the end of a long and challenging legal battle for the family.

Mr Dillon was a huge figure in the Swords community and in his family who wanted to reiterate, regardless of age, every patient deserves the very best of care, Mr Tansey said. The family endorsed a number of system changes since Mr Dillon’s death, he added.

Ms Walsh said she had given a “strong message” in court; the family were relieved this ordeal had come to an end and “that, hopefully, no elderly individual will have to suffer like our dad and papa did”.