€600k for man whose wife died in A&E

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 settlement of his damage claim against the Health Service Executive, the High Court heard yesterday.

James McCarthy, of O’Connell’s Avenue, Turner’s Cross, Cork, sued the HSE 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 yesterday, Mr Justice John Quirke expressed his deepest sympathy at what he said was “an appalling experience” for Mr McCarthy, aged 46, and his children Ryan, aged 19, and Ethan, aged 17, to have had to endure.

Ms McCarthy had been diagnosed with peptic ulceration in November 2004 and underwent a gastroscopy in March 2, 2005, in 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 became extremely ill, and despite protestations from Mr McCarthy that she be attended to and investigated, she was not properly treated, Mr McCarthy said in his claim.

Ms McCarthy had clear signs on admission to A&E of perforation of a duodenal ulcer, which was not treated, Mr McCarthy said. She died a day later.

He claimed the hospital failed to diagnose her condition or carry out an adequate investigation.

The postmortem showed she died of a perforated ulcer with peritonitis.

Michael Gleeson SC, for Mr McCarthy, told the court the matter was compounded by the fact that Mr McCarthy worked as an ambulance driver for the HSE and was familiar with the hospital system.

As a result he was unable to continue working as an ambulance man because he becomes extremely agitated if he goes near A&E or sees any medical personnel.

He was also very aggrieved because he believed no investigation had been carried out by the hospital over what had happened.

He had developed symptoms of post-traumatic stress disorder, including flashbacks of his wife in her dying moments.

He has engaged in counselling and will need to continue to do so for a considerable period of time and his doctor anticipates it will take at least three to four years to come to terms with his wife’s death.

Mr McCarthy has been put on a day job but has been told he will eventually have to go back into the ambulance at some stage.

He has had to adjust his working life so that he is at home when his children come home.

The HSE had initially denied liability and disputed that there were clear signs of a perforated ulcer when Ms McCarthy was admitted to A&E or that they failed to diagnose or carry out a proper investigation.

However, counsel Mr Gleeson said while liability was eventually admitted and the HSE sympathised with Mr McCarthy for his loss, it was “cold comfort”.

Mr Justice Quirke said he hoped the award would bring some closure for him and his family.