HSE apologises to family of man who died after operation on wrist

The HSE has sincerely apologised for its various failings in its treatment of a 44-year-old father of three who died after severe brain injuries he sustained following surgery he underwent at a Co Kerry hospital on a broken wrist.

Michael Devane died in early October 2007, after being operated more than a week previously at Kerry General Hospital, Tralee on his broken wrist.

However after the operation, in which he received a general anaesthetic, Michael's airways became blocked and he became unable to breath. This was not picked up on by staff at the hospital.

As a result Michael suffered severe injuries to his brain and died at Cork University Hospital nine days after undergoing the operation.

His family including wife Deborah, their children Stephen, Grainne, and Padraig, Nunstown, Aghadoe, Killarney, Co Kerry sued the HSE for medical negligence and breach of duty of care resulting in Michael's death and for distress caused by nervous shock. The HSE admitted liability and the case was before the courts for assessment only.

Today at the High Court Ms Justice Maureen Clark was informed that the actions had been settled. No details of the settlement were disclosed in open court.

The family claimed that the HSE had failed in their duty of care towards Michael as a result of carrying out the operation when it was known the hospital's recovery room was unavailable, failed to ensure he had properly recovered from surgery and the effects of the anaesthetic, and transferred him to a ward without properly monitoring him.

It was also claimed the HSE failed to appreciate the risk that Michael would be unable to breathe and allowed him to suffer severe injuries to the brain due to the lack of oxygen. The hospital, it was further argued should have ensured that Michael had fully recovered from the effects of the anaesthetic before discharging him to the ward.

In its apology, read by Paul Coffey SC, the HSE said it "wishes to apologise sincerely to Mrs Deborah Devane and the entire Devane family for the various failings in the treatment and care afforded to Michael by Kerry General Hospital in Tralee on September 27 and the days afterwards."

The HSE acknowledged that "nothing can make up to the Devane family for the tragic loss of Michael who was devoted and dedicated father and family member."

The HSE said that it "accepted the findings of a External Review Report of April 2009" into Michael's death and "has taken steps to implement its recommendations." The HSE added it would learn from this tragic case.