A care worker who was beaten by a patient in Dublin’s Mater hospital has been awarded damages of €60,000 for personal injuries by a judge in the Circuit Civil Court.
Judge Jennifer O’Brien heard that Sean Spada (32), of Clonshaugh Drive, Coolock, was left on his own to look after a violent patient known to have earlier committed self harm.
Barrister Kevin D’Arcy, who appeared with solicitor Dermot McNamara for Mr Spada, told the court his client suffered significant injuries to his neck, shoulder and knee when he was attacked by the patient in October 2020.
Mr Spada said he was directed to deal with the patient on a one-to-one basis and accompanied him to the toilet, instructing him to leave the door open a little while assuring him his privacy would not be compromised.
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He told Judge O’Brien the patient, insisting that the toilet door remain locked, slammed the heavy door against him and assaulted, battered and kicked him. He also threw two iron bars at Mr Spada, the court heard.
Mr Spada alleged in his personal injury claim that his employer, the Mater hospital, Dublin, was negligent in the assessment of the patient with regard to his previous violent behaviour and the risk he posed to staff in a one-to-one supervisory role.
He said he was off work for a fortnight after the assault and was hesitant about returning to his duties. He said he suffered flashbacks regarding the incident and severe personal injury, upset and distress.
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Awarding Mr Spada €60,000 damages against the HSE and the Mater Misericordiae University Hospital, Dublin, Judge O’Brien said the complainant was subjected to a violent assault at work and suffered physical and psychological injuries. Both defendants had entered a full defence to Mr Spada’s claim.
In respect of the psychological injuries, the judge said the court had a medical report which confirmed a diagnosis of post-traumatic stress disorder.
She awarded Mr Spada €20,000 damages for his physical injuries and €40,000 in respect of his psychological injuries.
