The HSE has apologised and admitted liability in the case of the death of 65-year-old Limerick man Michael Daly, who died in 2010 following complications from colorectal surgery.
Whilst the original inquest into the death of the Limerick father had recorded a verdict of death from natural causes, a second inquest conducted last year found Mr Daly had in fact died as a result of medical misadventure.
Mr Daly Snr died at Milford Hospice in Limerick in 2010, following an operation at UHL in 2007.
The case was finally settled in the High Court at the end of last week, with a letter on behalf of University Hospital Limerick, addressed to Mr Daly’s widow, Mary, read out in court – offering UHL’s sincere apologies to the family.
The High Court proceedings against the HSE claimed that there had been a failure to treat Mr Daly in an appropriate manner, and a failure to pay attention or take onboard the extent or nature of the symptoms he had complained about.
Mr Daly had developed rectal cancer in March 2007, after which a cancerous tumour was removed from his bowel. Subsequently, he developed a leak – a risk associated with the procedure carried out.
During the second inquest, the coroner had noted that Mr Daly had attended hospital multiple times, and had been admitted and subsequently discharged from UHL on a number of occasions during 2008, 2009, and 2010.
Mr Daly’s family had taken the case against the HSE following their father’s passing in 2010, with his son Mike Daly Jr becoming a prominent campaigner in Limerick over conditions, staffing levels and wait times at UHL.
The letter, seen by Gript, reads: “Dear Mrs Daly and family,
“On behalf of University Hospital Limerick, we wish to offer you sincere sympathies on the death of Mr. Michael Daly.
“Regrettably, investigations have shown that aspects of the care received by Mr. Daly did not reach the standards that could be expected.
“The hospital has admitted liability and apologises unreservedly to you and your family for the hurt, stress and upset caused.”
Barrister Doireann O’Mahony, representing the family, told the court how the late Mr Daly Sr endured a “horrendous ordeal” and that he had been discharged numerous times after a number of admissions to UHL in 2008 and 2009 until his death.
She recalled how the family had spent the last 14 years “tirelessly and relentlessly” seeking justice over their dad’s death. Counsel also recounted how the original inquest had returned a verdict of natural causes, and it was only after this that Michael Daly Jr and his family went through their father’s medical records and campaigned.
The barrister recalled how a second inquest was granted, and fresh evidence presented showed that Mr Daly Sir had an infection, and had developed sepsis, prompting a new verdict of medical misadventure.
The HSE had admitted a breach of duty in relation to the care received by Mr Daly Snr at the Limerick hospital. A confidential settlement was reached after mediation.
Speaking outside court on Thursday, Mr Daly Jr said he wanted to extend a heartfelt thank you on behalf of the family for the “unconditional” support the family had received since their ordeal started.
The campaigner said the family had “finally achieved recognition” that their father’s death was not due to natural causes (as they had initially been told by doctors) and was, rather, due to medical negligence at UHL.
“Had the truth been told to us at the time, we would not have had to endure this prolonged struggle, which ultimately resulted in a historic second inquest into our father’s death in Ireland,” he said.
“Today, with the admission of liability and the public apology from the HSE, we can finally close this awful chapter in our pursuit of justice for our father. Our case against the HSE has concluded,” Mr Daly continued.
“However, it is important to highlight that most medical negligence cases involve a single incident. In our father’s case, there were over 20 separate incidents of medical negligence, constituting a sustained pattern of negligence over a two-and-a-half-year period, ultimately leading to our father’s death. This level of gross negligence warrants criminal prosecution.
“There has been an investigation by An Garda Síochána into allegations of gross negligence manslaughter. The file is currently with the DPP, and we await a decision. If the DPP does not pursue a prosecution, my family and I plan to initiate a private criminal prosecution.”
Mr Daly said it was “imperative” that what happened to his father “never happens to another person again,” expressing hopes that a non-statutory inquiry into the death would ensure this.
“There are also ongoing medical council investigations,” he said. “I am relentless in that I intend to carry on with further pursuits in all that I have mentioned.”
Mr Daly told Gript he now feels compelled to write a book about what happened to his father, to “ensure his story is told,” especially if no criminal prosecution occurs.
“It will be published and released before the end of the year,” he said.
Over 2,000 people have signed a petition calling for a government-led public inquiry into Mr Daly Sr’s death.