'Appalling' blunders led to death of 999 driver's wife
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Wednesday December 12 2007
An ambulance driver who watched his wife die while he pleaded for help for her in an accident and emergency room has secured €600,000 in damages.
James McCarthy, of O'Connell's Avenue, Turners Cross, Cork, sued the HSE for negligence arising out of the death of his wife Catherine in Cork University Hospital on March 21, 2005. The HSE admitted liability.
Making the award plus costs in the High Court yesterday, Mr Justice John Quirke expressed his deepest sympathy at what he said was "an appalling" experience for Mr McCarthy (46) and his children Ryan (18) and Ethan (17).
Mrs McCarthy had been diagnosed with peptic ulceration in November 2004 and underwent a gastroscopy in March 2005 at Cork University Hospital.
Her complaints continued, however, and she attended the hospital's A&E department on March 20 suffering from severe pain. She was X-rayed, but then became extremely ill.
Protestations
Despite protestations from Mr McCarthy that she be attended, Mrs McCarthy was not properly treated, Mr McCarthy said in his claim.
Mrs McCarthy had clear signs of perforated duodenal ulcer on admission to A&E, which was not treated. She died a day later.
The post-mortem examination showed she died of a perforated ulcer with peritonitis.
Mr McCarthy claimed the hospital failed to diagnose her condition or carry out an adequate investigation.
Michael Gleeson, Mr McCarthy's barrister, told the court the matter was compounded by the fact that Mr McCarthy was unable to continue working as an ambulance man as he became extremely agitated if he went near A&E or saw medical personnel.
He was very aggrieved because he believed the hospital had not investigated what had happened.
Mr McCarthy had also developed symptoms of post-traumatic stress disorder, including flashbacks of his wife in her dying moments.
He was engaged in ongoing counselling and his doctor anticipated that it would take at least three to four years to come to terms with his wife's death.
Mr McCarthy, who works for the HSE, has been put on a day job, but has been told he will eventually have to go back to ambulance driving.
He has adjusted his working life to be there when his children come home.
The HSE had initially denied liability and disputed that there were clear signs of a perforated ulcer when Mrs McCarthy was admitted to A&E, or that they failed to diagnose or carry out a proper investigation into her condition.
However, Mr Gleeson said while liability was eventually admitted and the HSE sympathised with Mr McCarthy for his loss, it was "cold comfort and a bit late".
Mr Justice Quirke said he did not know what he could say to Mr McCarthy and his sons other than that it was "frightful what happened and nothing can make up for it". He hoped the award would bring some closure for him and his family.
- Tim Healy
