Kerry hospital apologises for 'deficiencies in standard of care' of pensioner who died
Sisters Yvonne Knott (red coat) Maria Byrne (cream coat) and Alison Fitzgerald who settled an action against the HSE over the death of their mother Helen Fitzgerald in University Hospital Kerry. 'We want to tell other families to be vigilant and to question everything when they have a loved one in hospital.' Picture: Collins Courts
University Hospital Kerry has apologised in the High Court for the “deficiencies in the standard of care” provided to a 74-year-old woman who died there.
Mother and grandmother Helen Fitzgerald from Tralee, Co Kerry, had developed stomach pain on April 10, 2018, and later was found to have an infection and kidney failure, but it is claimed there was an alleged failure to bring her medical conditions under control or be treated in a timely manner.
Mrs Fitzgerald’s condition deteriorated and she died in hospital on June 2, 2018.
The family’s counsel, David Sutton SC instructed by O’Sullivan Reidy Solicitors, told the court the case had been settled and a letter of apology form University Hospital Kerry’s general manager Mary Fitzgerald could be read to the court.
In the letter to the Fitzgerald family the hospital said: “We acknowledge and apologise unreservedly to you and your family for the deficiencies in the standard of care provided to your mother and the ongoing distress and suffering this has caused.
“We wish to reassure you and your family that the hospital strives at all times to optimise patient care and we will continue to ensure that best practice is at the forefront of our clinical service to all patients.”
Outside court Mrs Fitzgerald’s daughters said it had been a six-year legal battle.
“We want to tell other families to be vigilant and to question everything when they have a loved one in hospital,” Mrs Fitzgerald’s daughter Maria Byrne said.
They said before she went to hospital Mrs Fitzgerald, who was the “best grandmother in Ireland”, was “optimistic and looking forward to starting a new chapter of her life” in a nursing home.
On behalf of the family, Mrs Fitzgerald’s daughter Alison Fitzgerald of Lixnaw, Co Kerry, had sued the HSE over the death of their mother.
Mrs Fitzgerald had developed stomach pains and on April 18, 2018, she was diagnosed with a urinary tract infection and prescribed antibiotics. It was claimed she suffered ongoing stomach pain and was referred for a CT scan.
On April 23 she was given IV fluids and prescribed more antibiotics as she had further ongoing stomach pain. Blood tests were carried out and indicated infection and she was placed in isolation.
It is claimed blood tests at the end of May also showed kidney failure and it is claimed there was an alleged failure to diagnose or treat it in a timely manner.
Mrs Fitzgerald should have got IV fluids immediately, it was contended. Her condition deteriorated and on June 2 she reported shortness of breath and chest pain. She was transferred to the emergency department where she received IV fluids, but she died later.
In the proceedings, it was claimed there was an alleged failure to exercise any reasonable care of skill in the assessment, examination, investigation, diagnosis, management, care and treatment of Mrs Fitzgerald's condition.
It was further claimed alleged substandard care had been provided and there was an alleged failure to transfer Mrs Fitzgerald to a critical care unit or intensive care unit.
It was also claimed there was an alleged failure to ensure she was provided with the necessary medical treatment to ensure she received the hydration she required.
Noting the settlement and division of the statutory mental distress payment of €35,000, Mr Justice Paul Coffey extended his deepest sympathy to the Fitzgerald family on their loss.
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