The family of a woman, who died at Mayo General Hospital due to an alleged failure to diagnose a perforated bowel, has settled its claim for negligent hospital treatment against the HSE.
Eileen Maloney (69) from Pullathomas, County Mayo, was admitted to Mayo General Hospital on Sunday February 1st 2009 suffering from severe abdominal pain. Eileen´s family allege that an X-ray taken at the time of her admission showed an obstruction in her small bowel but, because it was the weekend, no doctor was available to diagnose her condition.
A CT scan taken during the following week clearly showed that a tumour had developed in Eileen´s large bowel but, it was alleged in the family´s claim for negligent hospital treatment, neither the X-ray nor the scan was reviewed to check for a perforation of her bowel which would have required urgent medical attention.
Eileen was not scheduled for surgery until February 12th, despite being in constant pain, and died five days later. Her family claimed they were informed by a member of the hospital staff at the time that, had Eileen´s condition been diagnosed and treated more promptly, she would have survived the operation.
The family made a claim for negligent hospital treatment against the Health Service Executive (HSE), alleging that Eileen´s death was avoidable at the time and in the circumstances, and that it had caused them a considerable amount of mental anguish.
The HSE denied being responsible for Eileen´s wrongful death but, at the High Court in Dublin, Mr Justice Michael Peart heard that the family had agreed a settlement of their negligent hospital treatment claim amounting to €50,000 without an admission of liability from the HSE.
The judge approved the settlement of the claim, stating that Eileen´s death had been “very, very tragic” and he extended his sympathies to her family.