All Posts Tagged: medical malpractice clinical indemnity scheme

Family Pursue Compensation for the Failure to Identify and Treat Sepsis

The family of a woman who died from a post-surgical infection has made a claim for compensation for the failure to identify and treat sepsis.

Fifty-two year old Susan McGee – a mother of two from Rush in County Dublin – attended the Hermitage Medical Clinic on 13th July 2013 for minor hernia surgery. The surgery initially appeared to be successful, and Susan was discharged from the medical facility on 16th July to be cared for by her daughter – Melissa Barry.

On the 17th July, Susan complained of having an abdominal pain and feeling unwell. Melissa took her back to the Hermitage Medical Clinic in Dublin City Centre, where she was readmitted for observation. However, over the weekend of 20th and 21st July Susan´s condition deteriorated. On 22nd July, Susan underwent a CT scan that revealed an obstruction in her small bowel.

The blockage in Susan´s bowel was removed the same day, but her condition continued to deteriorate. Susan was transferred to the intensive care department of the Beaumont Hospital on 23rd July, but she died the following day from multiple organ failure brought on by sepsis that had been triggered by a C.difficle infection.

An inquest into Susan´s death was initially scheduled for February 2015, but it had to be adjourned as only the consultants in charge of Susan´s care had given statements – and one of those had gone on annual leave five days before her death. There were also concerns that evidence given by the nurses at the Hermitage Medical Clinic might be contradicted by Susan´s family.

The rescheduled inquest was held in June 2015; when Dublin City Coroner´s Court heard that there had been a failure by nurses at the Hermitage Medical Clinic to report brown faecal fluid draining from Susan´s nasogastric tube. It was also revealed that Susan´s vital signs had not been recorded between 8:00am and 6:00pm on Sunday 21st July – three days before she died.

The inquest also heard that only one resident medical officer was on duty over the weekend of 20th and 21st July – Dr Lachman Pahwani. Dr Pahwani testified that he was aware Susan´s condition had been deteriorating and had tried to spend as much time with her as possible. However, Susan was one of 81 patients that were staying at the medical facility at the time.

Susan´s death was recorded as being due to medical misadventure, after which her family sought legal advice and made a claim for compensation for the failure to identify and treat sepsis. According to a spokesperson for the family, a summons has now been issued and served on the Hermitage Medical Clinic.

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Medical Malpractice Clinical Indemnity Scheme Criticised for Granting Anonymity

The Clinical Indemnity Scheme has been criticized in The Irish Times today for giving anonymity to medical professionals. The State Claims Agency has followed the Clinical Indemnity Scheme since 2002 for all medical malpractice cases taken against hospitals and doctors. The State Claims Agency ‘takes responsibility for the vicarious negligence by act or omission on the part of doctors, nurses, midwives and allied healthcare professionals”

The State Claims Agency has informed solicitors that it is ‘neither necessary nor appropriate” to include the names of doctors in medical malpractice documentation.

This means that negligent doctors are essentially protected from public record unless the lawsuit is heard in the High Court.  The vast majority of medical malpractice compensation cases, like most other types of personal injury cases, are settled prior to going to court .

This effectively means that medical professions are granted anonymity for their medically negligent actions.

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