Daughter Of Deceased Patient Receives £20,000 In Respect Of Her Father’s Death

The Plaintiff was the daughter and representative of the estate of her late father. In April 2004 her father, who was then 78 years old was admitted to hospital as a consequence of an injury he had sustained to his back. During the course of his admission to hospital he developed an infection. As a consequence of same he became very ill and required admission to the Intensive Care Unit. Initial treatment as a consequence of the infection was successful and the patient’s condition began to rally. Unfortunately for the patient however he was caused to sustain an injury whilst in the Intensive Care Unit which led to extensive damage to his thigh. The patient required surgical debridement of the area of damage on his thigh. As a consequence of his weakened state, the patient’s condition sadly deteriorated and he died as a consequence of multi-organ failure on 22nd April 2004.

Patrick Mullarkey of Campbell Fitzpatrick, Solicitors was instructed by the representative of the estate, the deceased’s daughter, to investigate the standard of care afforded to her late father at the hospital. Acting upon the daughter’s instructions, independent medical evidence was obtained from medical experts resident in England. Those reports were critical of the care provided at the hospital. Proceedings were initiated on behalf the estate in the High Court on 5th October 2005 and were due to commence on 15th October 2007. In advance of the commencement of proceedings, we were contacted by the solicitors acting on behalf of the hospital and settlement negotiations were initiated. Ultimately the case settled and the daughter received £20,000 damages in respect of the loss to the estate.

In terms of calculation of damages in this case, regard was had to the value of the injuries sustained by the deceased prior to the date of his death. That amounted to in the region of £5,000-£7,500. There were also expenses associated with the death including funeral expenses and the cost of a memorial stone. Finally the daughter had sustained an upset as a consequence of the circumstances in which her father died. That too was compensated. The hospital also agreed to the daughter’s costs in association with the action. The daughter therefore received £20,000 into her hand in respect of this matter.