Alleged Negligence Hospital Compensation Settlement €68,000 Approved for Family of Deceased Woman

The relatives of a woman who passed away following suffering from a sepsis infection brought on by peritonitis have had a €68,000 compensation settlement from the HSE for alleged negligence in her treatment approved.

72-year-old Rose Malley passed away at Connolly Hospital, Blanchardstown, Dublin, on March 19, 2015. Ms Malley, who had a history of pancreatitis, allegedly died after suffering from septic as she was having a Peg feeding tube shifted to address her health issues.

Yesterday at the High Court Justice Garrett Simons gave his approval for a compensation settlement in relation to Mrs Malley’s untimely death. Mrs Malley was mother to a family of six and lived in Crossmolina, Co Mayo at the time of her death.

The HSE medical negligence includes the complete €35,000 solatium – the statutory payment according to the Civil Liability Act – €8,402 in special damages, and all other measured legal expenses.

Catherine O’Malley – daughter of the deceased woman – from  Latchford Green, Clonee, Dublin submitted the legal action on behalf of her family. They were represented in court by Alistair Rutherdale BL.

IMr Rutherford told the court that it was being claimed that there was negligence involved in the insertion, monitoring and application of a Peg tube. This, he said, resulted in Mrs O’Malley sustaining the sepsis infection that lead to her death.

Mrs O’Malley was receiving treatment in relation to cholecystitis, inflammation of the gallbladder. Due to this she was scheduled for the surgery in October 2012 at Mayo General Hospital. It was alleged by the plaintiff that choosing to leave gallstones in place lead to a heightened danger of more problems, such as acute pancreatitis, occuring.

Mr Rutherdale said the family were arguing that Mrs O’Malley should not have been discharged on December 3 after attending Blanchardstown hospital on December 27, 2014. She had been suffering with symptoms including vomiting at the time. On January 5 she was readmitted and diagnosed with pancreatitis and pneumobilia.

Counsel for the plaintiff told the court that their mother was completing a slow recovery and, as part of that, she had a Peg feeding tube inserted on March 13, 2015. Tragically, it appears that the tube had moved and peritonitis developed which lead to her death.

A €68,000 settlement was agreed and the family released a statement to say that they submitted the action to “highlight the deficiencies” in their mother’s treatment.

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