Hospital apologises for failings in care to grandmother who died five months after falling down stairs

If Mrs McGagh had been properly treated counsel said it was their case the pensioner would have fully recovered.

In the High Court today, St Luke’s Hospital Carlow-Kilkenny and the HSE apologised for the failings in the treatment and care provided to Christina McGagh and "the tragic consequences of these failings"

The grandmother of six from Ballon, Co Carlow, Mr Justice Kevin Cross was told, died five months after she initially fell down the stairs at her home.

The apology was read to the court as Mrs McGagh's son who had sued the HSE on behalf of the family settled his High Court action for €265,000.

The apology stated: "On behalf of the HSE and St Luke’s Hospital, Carlow-Kilkenny we would like to express an unreserved apology to you and your family for the failings in treatment and care afforded to your mother while a patient in the hospital in October 2012.

"The Hospital regrets the tragic consequences of these failings and we extend our deepest sympathy to you and your family arising from her subsequent death on March 28, 2013."

Outside court, Mrs McGagh's daughter Kathryn speaking on behalf of the family said they were relieved the case was over.

"We accept the apology and the admission of liability. It was never about money," she said.

"A very important person in our family was lost and can never be replaced. We miss her every day."

She added: "The hope would be that the policies and procedures at St Luke's Hospital, Kilkenny will be reviewed in the light of this case."

Christina McGagh’s son Tom of Ballinrush, Myshall, Co Carlow, on behalf of the McGagh family had sued the HSE over the care his mother received at St Luke’s Hospital, Kilkenny in 2012.

It was claimed there was a failure to properly and adequately consider or read the various X-rays and CT scans taken of Mrs McGagh's chest, shoulder and spine and a failure to identify the presence of multiple right-side rib fractures on the x-rays and scans.

It was further claimed Mrs McGagh's condition was caused to deteriorate significantly. Liability was admitted in the case.

Patrick Treacy SC said on October 31, 2012, Mrs McGagh fell down the stairs at her home and was brought by ambulance to St Luke’s Hospital, Kilkenny, complaining of pain in her spine and in the right side of the chest.

X-rays and scans were taken and on the basis of the images, Counsel said, Mrs McGagh was suspected of having sustained a fracture of the thoracic spine. On November 1, Mrs McGagh continued to complain of experiencing pain over the right side of her chest.

The next day Mrs McGagh complained of breathlessness and a further chest x-ray was performed. On November 5, following an orthopoeaedic review of the images Ms McGagh was diagnosed as having sustained a compression fracture of her thoracic spine and she was referred for the fitting of an upper body brace.

On November 6, it was thought Mrs McGagh may have sepsis. Another x-ray was later taken of her chest but the diagnosis of a compression fracture of her thoracic spine remained. Mrs McGagh was discharged from hospital on November 13, 2012, but she continued to experience and complain of right-side chest pain and shortness of breath.

She was admitted to A&E on November 26 and an angiogram revealed a large pleural effusion.

Her condition deteriorated and she was transferred to a Dublin Hospital on December 1, 2012, where she was found to have profound sepsis and acute renal failure and to have numerous fractures to her ribs on the right side with an underlying lung collapse.

Mrs McGagh died in the Dublin hospital on March 28, 2013.

Approving the settlement, Mr Justice Kevin Cross sympathised with the McGagh family on their loss.