An man who watched his wife die while he pleaded for help for her in a hospital accident and emergency department has secured €600,000 in settlement of his High Court action alleging negligence against the Health Service Executive (HSE) in his wife's treatment. Liability was admitted by the HSE in the case.
James McCarthy, O'Connell's Avenue, Turners Cross, Cork, had sued the HSE arising out of the death of his wife Catherine in Cork University Hospital on March 21st, 2005. Making the award plus costs yesterday, Mr Justice John Quirke expressed his deepest sympathy about the "appalling" experience which Mr McCarthy (46) and his children Ryan (18) and Ethan (17) had had to endure.
Ms McCarthy had been diagnosed with peptic ulceration in November 2004 and underwent a gastroscopy in March 2nd, 2005, in Cork University Hospital.
Her complaints continued, however, and she attended the hospital's A&E department on March 20th in severe pain. She was X-rayed and became extremely ill, but despite protestations from Mr McCarthy that she be attended to and investigated, she was not properly treated, Mr McCarthy claimed.
Ms McCarthy had clear signs on admission to A&E of perforation of a duodenal ulcer which was not treated, Mr McCarthy claimed. She died a day later.
He claimed the hospital failed to diagnose her condition or carry out an adequate investigation. The postmortem showed she died of a perforated ulcer with peritonitis.
Michael Gleeson SC, for Mr McCarthy, said the matter was compounded by the fact that Mr McCarthy worked as an ambulance driver and was familiar with the hospital system. As a result of what he endured, he was unable to continue working because he became extremely agitated if he went near A&E or saw any medical personnel.
He was also aggrieved because he believed no investigation had been carried out by the hospital over what had happened. He had developed symptoms of post-traumatic stress disorder, including flashbacks of his wife in her dying moments, Mr Gleeson said.
Mr McCarthy had attended counselling and would need to continue to do so for some time, Mr Gleeson said. His doctor anticipated it would take at least three to four years for him to come to terms with his wife's death.
Mr McCarthy, who as an ambulance driver also works for the HSE, has been put on a day job but has been told he will eventually have to go back into the ambulance at some stage. The court was told he had to adjust his working life so that he was at home when his children came home,.
The HSE had initially denied liability and disputed that there were clear signs of a perforated ulcer when Ms McCarthy was admitted to A&E. The HSE also denied failure to diagnose or carry out a proper investigation into her condition.
While liability was eventually admitted and the HSE had sympathised with Mr McCarthy for his loss, it was "cold comfort and a bit late", Mr Gleeson said.
Mr Justice Quirke said he did not know what he could say to Mr McCarthy and his sons other than that what had happened was "frightful" and "nothing can make up for it". He hoped there would now be some closure for Mr McCarthy and his family.