Family wins four-year legal battle with HSE

A family which has won a four-year legal battle with the HSE arising out of the death of their sister in Cork University Hospital has called for reforms to end the “culture of non-disclosure” in the healthcare system.

The HSE accepted before the High Court sitting in Cork yesterday that the care Gráinne Daly, 45, received in CUH in the hours before her death in 2009 “did not reach the standards that could be expected”.

Ms Daly, who was being treated for pneumonia, died on Nov 8, 2009, after a series of fatal cardiac arrests.

The HSE admitted liability and apologised unreservedly to her family yesterday.

Mr Justice Michael Peart, who approved a €70,000 settlement to be divided equally among Ms Daly’s eight siblings, told them he understood their frustration at the legal process.

Speaking afterwards, her sister Sinéad spoke of the stress and heartbreak of what she said was a totally avoidable legal process.

“All we ever wanted for Gráinne was the truth and an apology. We’re grateful that we got the answers we sought. But we’re traumatised by the way we had to get those answers.”

She said they were met with silence and were stonewalled at various stages in the process.

Their solicitor, Susie Elliott, said cases like this are all too familiar. She called on the Government to ensure there is a legal obligation requiring doctors to tell families what went wrong and why.