Irishhealth.com has learned that a total of 52 serious healthcare errors and medical mistakes are being investigated around the country. The HSE has drawn up a list and has given it to the State Health Safety watchdog.

According to the document, which is a HSE register of enquiries and reviews into serious healthcare incidents, 12 of the cases that were being actively investigated were serious enough to have “systemic implications” and to involve “public confidence issues”.

The list has been given to the Health Information and Equality Authority (HIQA). The list was given after HIQA completed its independent investigation into services at Ennis General Hospital. This investigation followed the controversy over the case of Ann Moriarty, who died from breast cancer after twice being given the all clear by the hospital. According to the serious incident list of the 52 cases, 18 had been “screened and closed”, 12 being probed had been classified as serious enough to raise public confidence, systemic issues and a further 12 probes were deemed “serious but essentially local”.

Of the hospital cases 6 of the cases involved radiology, 3 of them are listed as “screened and closed”, a further two were being actively probed under the serious “public confidence issues” heading while a further case was being assessed. According to statistics from the State’s Clinical Indemnity Scheme, a total of 55,073 adverse healthcare incidents were reported in 2007. This figure is likely to exceed 100,000 in 2011. The majority of the incidents are not believed to include treatment errors and many come under the heading of violence or harassment, trips or falls and records/ documentation incidents.

According to the Clinical Indemnity Scheme which provides State insurance for hospitals and other health agencies, a total of 431 medical negligence claims were submitted to it arising from adverse incidents in 2007. This figure is likely to have increased to over 600 for 2011.

Liam Moloney, Naas based medical negligence Solicitor, commented on the figures, “the number of medical errors and mistakes continues to rise. The absence of a civil legal aid scheme in Ireland to assist the victims of medical mistakes makes it harder for victims to get justice. Many patients simply want an honest explanation when an adverse incident occurs. Often patients are left with no option but to take legal action against hospitals and doctors to get answers. The State should ensure a level playing field by introducing a fully funded civil legal aid scheme to help the victims of medical errors and medical negligence.”

If you or a loved one has been injured as a result of a medical error you may be entitled to compensation. Please feel free to contact Liam Moloney, Solicitor, today at 045 898000 or email him at liammoloney@moloneysolicitors.ie or log onto our website www.moloneysolicitors.ie for further information concerning the process involved.

Research released on Friday the 7^th of October 2011 in the U.K. showed that current guidelines for using ultrasounds to determine that a pregnancy has ended may not always be accurate. The four new studies looked at U.K. ultrasound specifications but when the findings were extrapolated to U.S. guidelines the researchers suggested 1 in 23 women diagnosed with miscarriages could still have a viable pregnancy.

Ultrasound is the gold standard used to determine miscarriage. It is assumed to be exceptionally accurate. However, one of the studies which analysed the existence or size of the gestational sac found that the presence or absence of  a gestational sac as well as its size were not fool proof indicators of miscarriage.

Researchers followed 1,060 women who complained of light bleeding or pain – both potential signs that a pregnancy is in trouble between 5 and 8 weeks of pregnancy and had an initial ultrasound scan. As is standard practice, they returned 7-10 days later for another scan to measure the sac’s growth. Those who were still pregnant were followed up again between 11 and 14 weeks.

Typically an embryo larger than 6mm without a heart beat or with no detectable increase in the size of the gestational sac between scans is assumed to indicate miscarriage. However, research showed that it was possible that a healthy pregnancy may not grow measurably in the course of a week or so. In fact, 0.5% of the women in the study – or 1 in 183 – still could have been pregnant even though scan guidelines would have classified their pregnancies as ended.

In the U.K. ultrasounds that reveal an empty gestational sac over 20mm in size result in a diagnosis of miscarriage. In the U.S. the standards set by the American College of Radiology is 16mm. Based on the researchers findings, 8 in 183 U.S. women – or 1 in 23 – would have a miscarriage diagnosed incorrectly.

The High Court has found that Consultant Obstetrician, Dr. Raymond Howard, was liable for a €3.75 million compensation settlement, previously agreed in the case of Nicole Hassett of Clonmel, Co. Tipperary. Mr. Justice O’Neill heard how Dr. Howard had delayed the birth of Nicole in 1997 with “no apparent reason”, causing her to suffer brain damage during the late stages of labour and resulting in Nicole, now 13 years of age, suffering from Cerebral Palsy and being severely disabled.

The Court was told how Dr. Howard was in St. Joseph’s Maternity Hospital, Clonmel from 12.15am on the morning of the 15^th of November 1997 and should have delivered Nicole by 12.30am. However, he delayed the birth until 1 am during which time Nicole suffered the great bulk of her brain damage due to being left in the rigours of intense labour.

The Court also held that the HSE was entitled to be indemnified by Dr. Howard due to his failure to adequately perform his duties and his breach of duty of care towards Nicole which was the proximate cause of her injuries.

A new group, which has been established to promote patient safety and access to justice for the victims of medical negligence has been launched in Dublin.                                       

Liam Moloney, Solicitor Naas is a member of the new Medical Injuries Alliance group.  The MIA has been established to advocate for access to justice for patients injured during medical procedures, to campaign for openness and transparency from the medical profession when mistakes are made, and to promote a deeper awareness of the circumstances surrounding medical accidents so that improvements can  be made in patient safety in Irish Hospitals and medical settings.                                                                           

The three immediate aims of the MIA are:  

1. To establish a duty of candour in Ireland on a statutory basis.  
2. To improve access to justice for victims of medical negligence.          
3. To promote patient safety by understanding the causes and consequences of medical accidents.                 

Speaking today, Liam Moloney, Solicitor said “Victims of medical negligence often find that the odds are stacked against them.  It is difficult for them to get information about what has happened to them when they are injured.  It is difficult also to find doctors willing to give evidence on their behalf.  Many patients have to go to the expense of instructing experts in the United Kingdom and without the benefit of legal aid, it can be sometimes impossible for victims to get justice.”    

A 33 year old woman who gave birth to her first child on the 1^st of October 2001 in Our Lady of Lourdes Hospital in Drogheda, Co. Louth has been awarded €87,400 damages by the High Court.

The woman who suffered a third degree tear to her anal sphincter during the delivery of her child alleged that her injury was inadequately repaired and this caused her to suffer from incontinence. The case ran over 15 days in the High Court in June and July 2011 before Mr. Justice Charleton.

The facts of the case were that on the 30^th of September 2001 the Plaintiff went into spontaneous labour and attended at Our Lady of Lourdes Hospital, Drogheda. Following a failed ventouse her baby was delivered by Neville Barnes forceps. During the delivery the Plaintiff sustained a third degree tear to her anal sphincter. This was recognised by her doctors at the time but was noted as “superficial fibres of the external anal sphincter gone, same sutured”.

The Plaintiff was not advised at the time that she had suffered a third degree tear. During a subsequent pregnancy in 2006 she was advised for the first time by her obstetrician that she had suffered a third degree tear in 2001. Her symptoms worsened during her second pregnancy.

The HSE denied any negligence and pleaded that her injuries were unrelated to the tear and were caused by a condition called pudental nerve neuropathy. The recurring theme for this injury involves multiple births, prolonged second stage of labour and instrumental delivery which results in nerve damage from excessive strain. The Defendants also pleaded that the case was time barred.

The Plaintiff’s experts argued that as she had suffered a third degree tear, best practice regarding the repair of these tears should have been followed. Guidelines produced at the Trial showed that a repair should be done in an operating theatre with adequate lighting and under general or regional anaesthesia.

The Defendants argued that the guidelines were not in place at the time the Plaintiff suffered her injury. The Judge found that these guidelines were very important and that they should have been in place at Our Lady of Lourdes Hospital at the time of the birth of the Plaintiff’s son in October 2001. He held that failure to follow those guidelines amounted to negligence.

If you have suffered a birth injury and wish to seek legal advice as to whether your injury was caused as a result of the negligence of your doctors or hospital please contact Liam Moloney, medical Solicitor, in the strictest confidence by calling 045 898000 or simply email Mr. Moloney at liammoloney@moloneysolicitors.ie .