Widower settles action against HSE over wife’s death

Resuscitation

1 April 2021

The widower of a woman who died in Sligo University Hospital has settled his High Court action against the HSE over alleged negligence in her treatment.

Mary Clancy (60), a mother of three and grandmother, died on April 5th, 2016 after failing to respond to resuscitative measures, and following a series of cardiac arrests.

Her widower, Enda Clancy, a butcher, of Sycamore Heights, Cliffoney, Co Sligo, on behalf of himself and his family, sued the HSE alleging negligence in her care between the end of March and early days of April 2016.

The HSE denied the claims.

On Wednesday, Mr Justice Kevin Cross struck out the case on the application of Mr Clancy’s counsel Bruce Antoniotti SC after the court approved the distribution of the standard €35,000 solatium payment for mental distress to dependants of the deceased.

In the action, it was claimed, on the balance of probabilities, had there been a timely response on April 4th, and had Mrs Clancy been treated promptly and aggressively with certain actions, including an early and appropriate operation, she would have survived.

Mrs Clancy attended Sligo emergency department on March 21st, 2016, having had a history of epigastric pain over the previous two years for which surgery had been recommended but which she was reluctant to undergo.

She was seen but no treatment was recommended and she was discharged but returned three days later in pain, it was claimed.

She remained in hospital receiving treatment and on April 4th there was a dramatic change in her condition, it was claimed. This was when she should have been treated promptly and aggressively, it was claimed.

Her condition deteriorated and later that day, at around 9.15pm, surgery was commenced. She was admitted to ICU after the operation but her condition deteriorated and she died the following day, April 5th, at 10.55pm.

Mr Justice Cross, approving the payment of the solatium, expressed his sincere sympathy to the family on their loss.

Follow us for the latest updates & news

Recent News

Northern Ireland exam board boss wins £100,000 settlement

Northern Ireland’s Council for the Curriculum, Examinations and Assessment (CCEA) has paid a substantial settlement to its former interim chief executive who complained of sex, race and age discrimination and constructive dismissal. The sum paid to Margaret Farragher,...

Catriona Crumlish v Health Service Executive – Court of Appeal

On Oct. 15th, The Court of Appeal upheld the High Court decision against Caitriona Crumlish in her claim against Letterkenny University hospital. The plaintiff alleged that there was a failure to detect and diagnose breast cancer in May 2017 resulting in an alleged...

Recent Articles

Psychological Injury

Nervous Shock I The law allows recovery of damages for so called nervous shock, within certain parameters and subject to limitations.  Nervous shock is the most commonly used legal label for psychiatric or psychological injury. Psychiatric injuries include...

Public Authorities and Negligence

Powers and Duties In broad terms, public authorities are subject to civil liability for negligence and other civil wrongs, in the same way as private individuals and companies.  The State and other public bodies are responsible for the actions and omissions of...

Duty of Care (Part 2)

Limits to Neighbour Principle The famous neighbour principle re-stated the general basis of liability in negligence. It stated, that “you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your...

Duty of Care (Part 1)

Meaning of Negligence I Negligence is used in a number of senses.  In one sense, it refers to a person’s state of mind.  An act is negligent, where it is done without giving due weight to the risks involved.  A person  (and his state of mind) may...

Join our Panel

You May Also Like...