Family to receive €564,000 over death of mother

THE FAMILY of a 39-year-old mother of three who died in hospital some two weeks after being admitted with a complicated chronic…

THE FAMILY of a 39-year-old mother of three who died in hospital some two weeks after being admitted with a complicated chronic small bowel obstruction have secured €564,000 in settlement of their High Court action.

Derek Jackson (56), Herbert Place, Navan, Co Meath, suing on behalf of himself and his children, alleged negligence in the medical treatment and care provided to his wife Miriam at Our Lady’s Hospital, Navan, and sought damages for loss and mental distress suffered as a result.

The family said they were inconsolable as a result of the untimely death of a much-loved wife and mother.

Among more than 20 claims of negligence, it was alleged the defendant hospital failed to treat Ms Jackson in accordance with a urine sample which showed E coli infection and allowed septicaemia to develop and go untreated for a significant period. It was also alleged senior doctors failed to clinically review her condition.

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The case opened before Mr Justice Iarfhlaith O Neill last Friday and was for assessment only as liability was conceded by the hospital. When it resumed yesterday, Jack Fitzgerald SC, for Mr Jackson, said it had been settled for €564,000.

Counsel had earlier described the case as “extremely sad”, involving the death of a young lady which should not have occurred. She had left a husband and three children aged 15, 13 and 11.

Miriam Jackson was admitted to the hospital on August 31st 2004 with a complicated chronic small bowel obstruction with adhesions.

On September 4th, she had laparscopic surgery to divide the adhesions and on September 8th had a laparotomy performed for a further small bowel obstruction.

On September 12th she developed severe abdominal pain. Her condition deteriorated and became more pronounced in the early hours of September 13th. She died on September 15th.

The Jacksons had married in September 1993 and Ms Jackson continued to work from the time of her marriage until after the birth of her second child when she took a career break from her job as higher executive officer in the Department of Social Welfare. That break was due to expire in February 2005.

In the proceedings, it was alleged the hospital failed to take appropriate action when Ms Jackson complained of abdominal pain and was feverish. It was also claimed no new investigations were initiated on September 13th when she felt very unwell with a distended abdomen. Her rising temperature was pointed out to the surgical team but not acted upon, it was claimed.

It was also alleged, on the morning of September 14th, she had a temperature of 38.2 degrees centigrade, chest tightness and complained of shortness of breath and light-headedness but a medical consultation requested by the surgical registrar did not take place. No doctor’s opinion was obtained on an ECG procedure carried out on her, it was also claimed.

Although it was observed about 5pm on September 14th that Ms Jackson’s urinary output was decreased, no review or investigations were carried out, it was further claimed. It was claimed a working diagnosis of pulmonary embolus was later made although her condition pointed to urinary infection.

By September 15th, Ms Jackson had no urinary output and was transferred to the hospital’s coronary care unit. She continued to deteriorate and died at 6.45am.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times