A man who took a hospital negligence compensation action against St James’ Hospital Dublin, regarding the care he was given after he was violently attacked, has settled his High Court damages action for €750,000.
Francis Cunningham (45), who is now restricted to a wheelchair, had a laceration on the back of his head when he was brought to St James’ Hospital in Dublin following the assault, which happened place in 2010. His legal counsel, barrister Oisin Quinn SC, told the court that Mr Cunningham, who was discovered to have bleeding on the brain after having a CT scan, should have had the scan sooner after he was admitted. This would have results in him having brain surgery earlier and, more than likely, he would have been able to walk and live as normal.
Mr Cunningham, with an address at Casement Park, Finglas, Dublin, through his brother James, of the same address, took the hospital negligence compensation case against St James’s Hospital over the carehe was given on October 2, 2010, following a violent attack that had happened nearby.
It was stated by Mr Cunningham’s legal counsel that:
- There was a failure to properly treat and diagnose Mr Cunningham when he was rushed to the hospital by ambulance.
- There was a failure to deal with his injuries with proper urgency, particularly due to his head injuries.
- There was a failure to complete any suitable observation or monitoring of his injuries.
It was commented that when Mr Cunningham was brought to the hospital A&E at 3.26pm that his chief complaint was alcohol and his secondary complaint a cut to his head. Two hours later when he was further reviewed, it was recorded that Mr Cunningham was drunken and not verbalising and had a wound on the rear of the head.
It was claimed that a CT scan, which took place three hours after his admission, indicated bleeding on the brain and he was rushed to a different hospital for brain surgery. It was claimed at this stage his clinical condition had greatly decreased.
St James’s Hospital admitted that it was in breach of duty and that a review of Mr Cunningham at 5.20pm should have lead to a request for a CT brain scan. All other claims were denied by the legal representatives for the hospital.
In giving his approval for the medical negligence compensation settlement, Mr Justice Kevin Cross said it was a proper amount.