The family of a 46-year-old woman who died of a blood clot nine days after following a varicose veins operation at a private Dublin hospital has settled a High Court action over her death.
Karen McCabe, who left behind three children, returned to the Bon Secours Hospital in Glasnevin a week after the 2014 vein removal procedure complaining of pains in her leg.
The High Court heard that the junior doctor who wanted to admit her for tests did not have the power to admit patients and, as her consultant was on holiday, she was discharged.
The settlement against two hospitals and a vascular consultant was reached after mediation without an admission of liability. The court heard full defences were filed by all three defendants.
The family's counsel, Bruce Antoniotti SC, instructed by Liston Flavin solicitors, told the court it was their case that Ms McCabe's vascular consultant, Austin Leahy, who had carried out the vein operation, was "incommunicado" due to poor phone coverage while on holiday.
Counsel said the hospital's protocol at the time was that a doctor had to be a consultant to admit a patient and arrange for tests. He said the junior doctor did his best and attempts were made to contact Prof Leahy.
Attempts were made to contact another consultant, but Ms McCabe was discharged, counsel said.
The following day, on August 14th, Ms McCabe remained in pain and was unable to walk. She attended Beaumont Hospital’s emergency department, where she died the next morning.
Deep vein thrombosis
Mr Antoniotti said deep vein thrombosis is a recognised complication of the varicose vein procedure and there should have been some arrangement in place for Ms McCabe.
A verdict of medical misadventure was returned at the inquest in 2016 into Ms McCabe’s death. The inquest heard she died from a pulmonary embolism. She had deep vein thrombosis and a blood clot travelled from her leg to her lung.
The inquest was told the hospital introduced a new policy in the wake of Ms McCabe's death, allowing patients to be referred to a medical assessment unit or Beaumont Hospital emergency department if a primary and secondary consultant are uncontactable.
In the High Court, Ms McCabes' husband Michael and their three children Shauna (20), Conor (17) and Callum (15), of Bewley Drive, Lucan, Dublin, had sued Bon Secours Health System Ltd which manages the Bon Secours Hospital, Glasnevin, Dublin; Professor Austin Leahy, a vascular surgeon at the Bon Secours Hospital; and Dublin's Beaumont Hospital.
In a statement read out in court, Shauna McCabe said her family’s lives were “changed forever” when her mother died following a routine operation. She and her brothers have lost their “amazing” mother, while their father has been deprived of the “love of his life”.
Refused admission
However, she said the family is comforted by the change of policy at the Bon Secours Hospital.
“New arrangements have been put in place and never again will a patient be refused admission when a consultant is unavailable.”
Noting the settlement, Mr Justice Paul Coffey extended his deepest sympathy to the family.
Ms McCabe allegedly phoned the hospital on August 12th complaining of significant leg pain and was advised to take painkillers and to attend the next day if the pain persisted. On August 13th she rang again and was told to come in for review. She was that day examined and the non-consultant doctor planned to admit her for tests, with differential diagnoses including deep vein thrombosis, it was claimed.
She could not be admitted due to the protocols and was discharged home, it was claimed. On August 14th she was allegedly advised by phone to attend Beaumont Hospital emergency department, which she did after 9 pm. It was alleged that she was triaged as very urgent at 11pm and she was admitted to a ward at 4.45am. Five hours later she became unconscious and later had a cardiac arrest and died.