Orla Kelly as part of the Medical Negligence Team was instructed by a lady regarding the tragic circumstances surrounding her late husband’s untimely death. His demise was due to the failings in the Recovery Unit and ITU at Cork University Hospital.
After an internal investigation, Cork University Hospital apologised for these failings in March 2017. Proceedings were served. Notwithstanding the internal investigation and apology, the HSE delivered a full Defence in November 2018. Ultimately after a lengthy battle, as the trial in this matter loomed, liability was admitted in May 2019, by the State Claims Agency for the HSE. The matter then settled out of court. No money will compensate this lady for the loss of her husband, but ultimately a substantial settlement was achieved, avoiding the need to go to Court. Also as part of the settlement, an unreserved apology was received from Cork University Hospital, which provides the client with some comfort and vindication.
In light of the extensive internal investigation and initial apology by Cork University Hospital in their initial report some 20 months earlier, it defies logic as to how the matter was defended for so long.
Since they lost the case, the State Claims Agency will be liable for the legal costs of Cantillons (which must be reasonable and proved) and the legal costs of the Defendant Solicitors. There are frequent reports in the media about rising legal costs. These proceedings are yet another example of how legal costs could have been minimised by the State Claims Agency, if they had admitted liability at an earlier stage.
Contact us at Cantillons Solicitors at +353 (0)21 -4275673 or [email protected] if you would like more information.
* In contentious business, a solicitor may not calculate fees or other charges as a percentage of any award or settlement.