Boy died after CUH’s incorrect diagnosis
Doctors had thought David O’Leary had the winter vomiting bug.
In a letter to David’s parents read to the court, the HSE said Cork University Hospital (CUH) and all the staff involved in David’s care said the family could “take comfort that lessons have been learned by all concerned in David’s care”.
David’s parents believed that, if he had been listened to when he told doctors he was short of breath, his condition of acute myocarditis would have been diagnosed and treated earlier, their counsel, Liam Reidy, told Mr Justice John Quirke.
Patricia O’Leary said in a statement: “We brought this case not for the money but rather to vindicate David, who tried to tell the doctors how ill he was.”
Mrs O’Leary, on behalf of the family, had sued the HSE alleging negligence in the treatment of David, her eldest child, who died at the CUH on February 13, 2007, within hours of being transferred there from another hospital. The HSE had denied the claims.
Yesterday, Mr Justice Quirke was told the action had settled for an undisclosed sum, including the maximum €33,000 allowable for nervous shock and mental distress suffered as a result of the child’s death.
David fell ill on February 9, 2007, and saw a succession of doctors and went to a number of hospitals, eventually leading to his admission to CUH at about 4am. He died that afternoon.
In the action, Mrs O’Leary, who has two other children, said David complained of feeling unwell on February 9 and was brought to the SouthDoc on-call service on February 11. He did not improve and was seen again the next day, when it was noted he was progressively weak, pale and unable to stand.
He was admitted to the Mercy University Hospital on February 12. His condition continued to disimprove and he was transferred to St Finbarrs Hospital for observation and treatment, then moved to CUH.
It was claimed David’s death was caused by negligence, breach of duty and breach of contract by the HSE, its servants or agents. It was alleged there was failure to examine David properly, failure to have regard to indicators of a cardiac problem and persisting with a working diagnosis of diabetic ketoacidosis (a life-threatening complication of diabetes) which was inaccurate.
Ms O’Leary also alleged she suffered post-traumatic stress disorder and a severe grief reaction because of the harrowing experience she suffered witnessing the deterioration of her son’s health.
David was not considered a candidate for the intensive care unit. Mrs O’Leary said she was urged by a nurse to to ensure David continued to get his oxygen. She found being placed in a position of responsibility and witnessing her son’s deterioration and subsequent death distressing.
Ms O’Leary said she was removed from the room when David became confused and there were efforts to resuscitate him. Even then, she said, his condition had not been diagnosed.
