Vulnerable man who got broken leg while in care settles case for €325,000
High Court reporters
A vulnerable man in his 50s who got a broken leg while in medical care has settled his case for €325,000, the High Court has been told.
The man, who has long-term mental and physical health needs and has been in residential care in a facility for 15 years, took the action against the owner-operators of the facility, a Dublin hospital and the HSE.
In a personal injury summons issued by lawyers for the man, it was claimed that on or about October 27th, 2018, the plaintiff was transferred from the care unit to an emergency department suffering "general malaise, hypotension and tachycardia".
The plaintiff was admitted as an in-patient at the hospital until his discharge on November 2nd, 2018, back to the care unit.
However, following his return on November 2nd, it was noticed by "servants or agents" of the facility that there was significant bruising on the plaintiff's right thigh and he was transferred back to the hospital where it was revealed that he had a fracture in his right femur that required surgery.
It was alleged that the care unit permitted or allowed the plaintiff to fracture his femur while under their care either prior to the transfer to the hospital or caused, permitted or allowed the plaintiff to fracture the femur following his discharge back to the care unit.
The hospital and the HSE were similarly accused of failing the plaintiff when both admitting and discharging the man without finding bruising and that they failed to have any or adequate regard for the plaintiff's history of falls, poor balance and communication difficulties.
Lawyers for the man said it was the duty of the defendants, their servants and agents "to exercise reasonable care, skill and diligence in and about the diagnosis, treatment, management and care of the man".
At the High Court on Friday, barrister Richard Kean SC, for the man, told Mr Justice Paul Coffey, that mediation of the settlement had been "efficient" and that Mr Byrne's sister who also cares for him was pleased with the outcome.
The court was told that the settlement is comprised of €200,000 in general damages and €125,000 in special damages.
Mr Justice Paul Coffey then approved the settlement.
