The family of a mother of 13 has secured €50,000 in settlement of its action against the Health Service Executive alleging wrongful death and negligence in relation to her treatment. The settlement was without admission of liability.
Eileen Maloney (69) died on February 17th, 2009, at Mayo General Hospital. Her family alleged her death was due to negligence on grounds including alleged failure to promptly diagnose and deal with a perforated bowel. The HSE denied the claims.
At the High Court yesterday, Mr Justice Michael Peart was told the matter had settled for €50,000 without admission of liability.
Ms Maloney, Glengad, Pullathhomas, Co Mayo, was admitted to hospital in severe pain on February 1st, 2009. At the time of her death she was suffering from cancer.
Her family claimed that in the days following her admission an X-ray of her abdomen suggested an obstruction in her small bowel. A CT scan on February 6th showed a tumour was causing an obstruction in her bowel although there was no evidence of a perforation, it was claimed.
No doctor available
It was alleged no doctor was available to read the scan when it was taken and the results were not available until after the weekend .
Ms Maloney remained in pain, underwent emergency surgery on February 12th and died five days later. In its action alleging mental distress due to alleged wrongful death, the family claimed she was allowed to remain with an acute large bowel obstruction for several days.
Appropriate medical attention required to deal with the situation was not offered to her in time, the HSE failed to take notice the X-ray showed she had an obstruction in her bowel and failed to review the X-ray to ensure there was no perforation requiring urgent attention.
The HSE further failed to take steps to make sure the CT scan was reported on within a reasonable amount of time, it was claimed.
Approving the settlement, Mr Justice Peart said it was “a very, very tragic case” and extended his sympathies to Mrs Maloney’s family.