Man died after being discharged from hospital twice in five days

- Ann O'Loughlin -

The family of a 22-year-old man with cerebral palsy, who was discharged from a hospital despite protestations he needed to be there and who later died, has settled a High Court action against the HSE.

John Smith presented to Cavan General Hospital A&E three times in a five-day period, the High Court heard, and on the third occasion a diagnosis of sepsis was made. The young man’s condition deteriorated and he was in septic shock.

The family’s counsel Bruce Antoniotti SC said he had a bacterial infection, which led to a condition which by the time it was diagnosed was too late and could not be treated and John died on August 31, 2019, of multi-system organ failure.

Counsel told the court that John had been discharged the second time from Cavan General Hospital after he was treated for an infection and despite the fact that there were indicators including raised inflammatory markers and a fast heart rate.

Mr Antoniotti said, despite John’s own protestations and that of his family that he needed to stay in hospital, he was discharged on the second occasion on August 23, 2019. Counsel said the family were concerned about the “absolute non-communication of doctors and nurses. They would not listen and they refused to accept that John was so ill he could not be discharged,” the barriser said.

Apology

In a letter of apology which was read to the court, Cavan General Hospital said it wished to offer “our sincerest apologies to your family and to your extended family following the tragic death of your dear son John and acknowledge the failings on behalf of the hospital.”

The letter from the hospital general manager Suzann O’Callaghan continued: “We acknowledge that the experience was devastating for you and understand that this apology cannot negate the deep effect the loss of your son has had on your lives or in any way makes up for this tragic loss.”

It added that the hospital has implemented recommendations to ensure that a similar situation does not occur again.

Noting the settlement and the division of the statutory €35,000 mental distress payment, Mr Justice Paul Coffey, who heard that John had studied at third level and was a qualified network technician, said it was a very tragic case and John “was truly a wonderful young man”.

Case details

John’s father Sean Smith of Stragella, Cavan, had sued the HSE over the care given to his son when he attended Cavan General Hospital A&E in August 2019. Liability was admitted in the case.

John first presented at the hospital A&E on August 20, 2019, after he had been vomiting at home. He was discharged home on the same day but he remained unwell and devoid of energy. He went back to the hospital again on August 22 and he was noted by clinicians to be overtly unwell with a marked tachycardia and was noted to be pale and obviously unwell.

He was admitted to a ward and was reviewed by both surgical and medical teams, and he had blood tests and CT imaging. He was positive for pathogenic coliforms and was treated with intravenous fluids. He was discharged home on the next day, August 23, 2019, but it was claimed the discharge was negligent and in breach of the standard of care, which should have been afforded to him.

When he came back to hospital the next day on August 24, he had abdominal pain and fever in addition to his other symptoms, and sepsis was diagnosed, which required critical care management. He developed further complications and was later transferred for care in another hospital where he died on August 31, 2019.

* For full interview with family and reaction, see tomorrow's print edition of The Anglo-Celt