Man who sued Dublin hospital over care received after assault settles case for €750,000

A man who sued St James's Hospital Dublin over the care he received when he was brought there by ambulance after he was assaulted has settled his High Court action for €750,000.

Francis Cunningham (45) who is now in a wheelchair, the High Court heard had a cut on the back of his head when admitted to St James's Hospital, Dublin nine years ago.

His counsel, Oisin Quinn SC told the court it was their case Mr Cunningham who was found to have bleeding on the brain after having a CT brain scan should have had the scan sooner and as a result, would have had brain surgery earlier. If that happened Mr Cunningham on the balance of probabilities would be able to walk and live independently, Counsel said.

Francis Cunningham, Casement Park, Finglas, Dublin had through his brother James of the same address sued St James's Hospital Dublin over the care he received there nine years ago when he was admitted after suffering an assault.

It was claimed there was an alleged failure to properly assess Mr Cunningham on attendance at the hospital and an alleged failure to treat him with appropriate urgency, particularly in circumstances of head injury.

It was also claimed there was an alleged failure to carry out any or any proper or suitable observation or monitoring of Mr Cunningham.

Mr Cunningham it was claimed had been brought by ambulance to St James's Hospital on October 2, 2010 after he had been assaulted nearby.

It was recorded when he attended at the hospital A&E at 15.26 his primary complaint was alcohol and his secondary complaint a laceration. When he was assessed two hours later it was noted Mr Cunningham was intoxicated and not verbalising and he had a cut to the back of the head. It was claimed that a CT scan three hours later showed bleeding on the brain and he was transferred to another hospital for brain surgery but it is claimed at this stage his clinical condition was much worse.

It is claimed that if a CT scan was carried out earlier it would have led to a more immediate referral to another hospital for surgery.

St James's Hospital admitted it was in breach of duty in that the review of Mr Cunningham at 17.20 ought to have lead to a request for a CT brain scan at that point but all other claims were denied.

Approving the settlement Mr Justice Kevin Cross said it was a good one and hopefully the house in Finglas can now be adapted for Mr Cunningham's needs.