Legal action after non-verbal man with disabilities left with undetected shattered hip for 'an unknown period'

According to the papers lodged with the High Court, issued on his behalf by his sister, he had a significantly displaced comminuted distal right femoral fracture which required operative treatment.

The HSE is being sued by a non-verbal man with disabilities who sustained a shattered hip in mysterious circumstances.

In papers lodged with the High Court his sister alleges the HSE and other parties allowed the injury to go “undiagnosed, undetected and untreated for an unknown period”.

Bruising on his right thigh was spotted by nursing staff a few days after he was admitted to Tallaght Hospital in Dublin on an unrelated matter on October 27, 2018.

According to a confidential HSE investigation report into the case of Patient X, who is severely intellectually disabled and has a history of falls, the bruising was noted “two or three days prior to discharge”.

He was discharged a few days later on November 2, but staff at the residential care home where he lives — and where he was discharged to — spotted “significant bruising” and had him admitted back to Tallaght Hospital on November 3.

Hip fracture discovered on examination

On examination, it was discovered the man, who has a very high pain threshold, had sustained a hip fracture — one most people would have found excruciatingly painful.

The doctor on call who examined him had him transferred to the emergency department in the early hours of November 4 where he underwent an X-ray and the fracture was confirmed.

He was finally operated on, on November 5, at least five days after he broke his hip, and he remained in hospital for another three weeks.

The hospital has since apologised for “any pain and distress caused to him as a result of the fracture”.

The Serious Incident Management Team that reviewed Patient X’s case said: “There was a failure to follow up on the initial bruising, which was noted, resulting in the delay in diagnosing this fracture.

“The review team was unable to find any definitive evidence that X sustained a fracture during his hospital stay. At interview staff confirmed X did not leave his bed at any point."

Documentation shows numerous entries, noting bruising to X’s right leg but there is no evidence that this was acted on.

According to the papers lodged with the High Court, issued on his behalf by his sister, he had a significantly displaced comminuted distal right femoral fracture which required operative treatment.

He has since been left wheelchair-bound and can no longer walk due to the severity of the injury he sustained.

The action is being taken against the HSE, Tallaght Hospital, Dublin, and Cheeverstown Town House, in Templeogue, Co Dublin.

Suing through his sister and her lawyer Caoimhe Haughey, he alleges all three parties were negligent and breached their duty of care to him.

He also alleges they “caused, permitted, or allowed” him to fracture his hip in their care either before he was admitted to hospital on October 27 and “allowed this fracture to remain undetected and untreated” or they “caused, permitted, or allowed” it to happen when he returned from hospital on November 2.

The HSE and Tallaght Hospital are alleged to have also both exposed him to the risk of personal injury, and failed to adequately assess him while in their care.

The man is suing for damages, and costs.

The HSE, Cheeverstown House (Templeogue) and Tallaght Hospital did not issue any comment on being asked for one by the Irish Examiner.