'No pensioner should be treated like that' - Family of man, 92, settle action against hospital

Ann Walsh (right) told Mr Justice Garrett Simons: “The way Daddy was treated, no old age pensioner should be treated like that.” Photo: Collins

The family of a 92-year-old man who died at Beaumont Hospital where he had gone for treatment after suffering a fall in his home have settled for €165,000 their High Court action over his death.

Patrick Dillon was a fit and active man and is a huge loss to his family and community in Swords, Co. Dublin, his counsel Doireann O’Mahony Bl told the High Court.

When Mr Dillon was brought to Beaumont Hospital A&E on July 13, 2015, after he suffered a fall at home he had a raised white cell count and a raised CRP count, all of which, counsel said, were “indicators of infection overload.” 

Counsel said Mr Dillon was later discharged home but he was in severe pain and three days later he was brought back to the hospital where counsel said “a substandard examination” took place. Mr Dillon, counsel said, was in renal failure but was transferred for rehabilitation.

At the rehabilitation step down facility, counsel said it was discovered Mr Dillon had pressure sores which counsel said “have no place in modern medicine.“ Mr Dillon was transferred back to Beaumont Hospital on July 27, 2015, and counsel said he was severely septic and in multi-organ failure. He died on July 31, 2015.

Mr Dillon, counsel said, was a very active man and the 92-year-old also cared for his son who had special needs.

In court his daughter Ann Walsh told Mr Justice Garrett Simons: “The way Daddy was treated, no old age pensioner should be treated like that.” She said her father had been “put to the side”. 

Mr Justice Garrett Simons said Mr Dillon’s daughter had given elegant testimony about her late father and while he would not make comment, “she had spoken and it is on the record of the court”.

Beaumont Hospital had admitted a breach of duty in the case in relation to the delay in formulating an accurate diagnosis of Mr Dillon’s condition at the hospital and his transfer to the rehabilitation hospital. The court heard other matters were at issue in the case.

Ann Walsh, Seatown Villas, Swords, Co Dublin, and her brother Gerard Dillon, Seatown Terrace, Swords, had sued Beaumont Hospital over the care given to their father the late Patrick Dillon at the hospital five years ago.

It was claimed there was an alleged failure to exercise the standard of care, competence, judgement, diligence and skill which it was reasonable to expect.

It was further claimed Mr Dillon was in a chair in the hospital A&E for a lengthy period of time which, it was claimed, contributed to his general deterioration.

It was also alleged a diagnosis of a spine fracture was made which was not confirmed on subsequent X-ray.

Outside court, the family solicitor Niall Tansey said the settlement marked the end of a long and challenging legal battle for the Dillon family. Mr Dillon, he said, was a huge figure in the Swords community and in the Dillon family.

The family, he said, wanted to reiterate that regardless of the age of the patient, every patient deserves the very best of care. The family, he said, also wanted to endorse the system changes since Mr Dillon’s death.

Ms Walsh outside court said she had given a strong message to the judge in court.

She said the family are relieved this ordeal has come to an end and “that no elderly individual will hopefully have to suffer like our Dad and Papa did“.