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A WIDOW WHO brought a High Court medical negligence action against a consultant doctor and the HSE over a failure to diagnose her late husband’s lung cancer has settled her claim for €60,000.
The action was brought by Mrs Rosarii Molloy Curran arising out of the death of her husband John Curran from lung cancer in April 2011.
She had sued Dr Colm Quigley, a specialist in respiratory and general medicine at Ely Hospital, Wexford, and the HSE for alleged negligence and breach of duty of care towards Mr Curran, who was their patient between August 2009 and the time of his death.
There was a failure to either diagnose, or carry out follow up tests on, or immediately investigate Mr Curran, who was a smoker, for lung cancer it was claimed.
Liability was admitted in the case.
An apology to the Curran family was given in court today on behalf of Dr Quigley.
Dr Quigley’s counsel Conor Halpin SC in offering his client’s sympathies to the Curran family told the court as a result of what happened changes to the system of patient management have now been implemented to ensure that what happened in this case didn’t occur again.
The action came before Mr Justice Kevin Cross at the High Court this morning who approved the settlement of €60,000 plus costs.
In her action Mrs Molloy Curran of Carrigmannon, Killurin, Co Wexford sought damages for the emotion suffering and psychological injury she says she suffered as a result of her husband’s death.
Mrs Molloy Curran, represented by Ciaran Craven SC, claimed in August 2009 Dr Quigley diagnosed her husband as suffering from low blood sodium. Having purported to investigate Mr Curran’s condition further, no such investigations, including a bronchoscopy to look at the lungs, or follow ups were arranged or carried out.
This it was alleged was despite Mr Curran’s request to Dr Quigley to do a follow up and conduct further investigations.
It was also claimed between December 2009 and March 2010 Mr Curran attended at Waterford Regional Hospital for investigation and treatment for a vascular condition.
Mr Curran, it was alleged, again showed signs he was suffering from low sodium in his blood, but this was not investigated or followed up.
In December 2010 it is claimed Mr Curran was diagnosed by Dr Quigley as having ‘Raynaud’s phenomenon’ a condition where a person has excessively reduced blood flow generally caused by stress, and prescribed him with medication.
No further investigation or follow up was arranged or carried out, it was claimed.
In March 2011 Mr Curran was diagnosed with lung cancer at St Vincent’s University Hospital in Dublin. He died at home in Co Wexford on April 16th 2011.
Mrs Molloy Curran claimed her husband was deprived of the opportunity and the benefits of an early, proper and prompt diagnosis and subsequent treatment of his condition.
As a consequence of not getting such a diagnosis or treatment he died, it was further claimed.
There was an alleged failure to have a proper regard for Mr Curran’s clinical presentation including his age, and his high tobacco consumption.
The standard of care provided was inadequate it was further claimed.
In a statement issued through their Solicitor Mr Dermot McNamara the Curran family welcomed the settlement and expressed their hope the case will lead to the introduction of failsafe protocols for patients awaiting vital tests.
“This has been a long and harrowing ordeal for the family,” Mr McNamara said, adding that “necessary tests were not carried out, despite the assurances of Dr Colm Quigley that they would be.”
“This led to a finding of poor professional performance against Dr Quigley by the Medical Council for failing to arrange the tests, failing to recognise the tests had not been carried out, and failing to have ‘any adequate system’ in place for ‘tracking or monitoring tests’.
Mr McNamara said there was no system in place for the follow-up of investigations proposed to be carried out on Mr Curran. “When tests are ordered to be carried out on a patient, there should be a clear and visible pathway to alert their clinician that the test has not been carried out.” he added.
“The Curran family would urge anyone who has concerns about their treatment, or the treatment of a loved one, to follow their example and ensure that their concerns are investigated and addressed,” Mr McNamara concluded.
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I can’t understand why this poor lady was only awarded €60000 for the loss of her husband! Yet it seems that every second day I hear of compensation awards of €15000-20000 for kids catching fingers in doors, or slipping on wedges in supermarkets etc. I just can’t understand the “logic ” of these amounts. I just hope that in this case this lady can find some comfort that at least her case has been settled and hopefully some happiness in the future.
In general, payouts are compensation for losses suffered by the living. That is why for example, cerebral palsy cases get millions. The compensation in this amount would be normal as it is not particularly for financial loss but in some way as a token to recognize error and try make some recompense for the loss. RIP and hopefully his death wasn’t in vain.
The loss was her husbands fault…. HE WAS A SMOKER
Well, sadly, lung cancer is difficult to treat. No matter how early you catch it, the chances of dying are still very high (for most types of lung cancer). By the time lung cancer causes problems with salt levels, diagnosing it is probably too late.
She deserves compensation for what happened,unfortunately her husband can’t be compensated.
“No further follow up investigation was made or carried out” Imagine knowing that that’s the way your loved one is treated by health care professionals. These consultants who won’t even work wkends. I’d want more than 60k lemme tell ya and I’d want to see someone face the consequences
Have you been directed here by the NHS misinformation campaign? Yes, there are no outpatient clinics on the weekend, but when a consultant is needed (for a kidney transplant, for an emergency stent in a heart attack) – they are there.
Far from adequate. A mans life needlessly lost due to errors and omissions.
Why was she given €60,000. They would’ve got more money if she got to keep her husband but instead he lost a foot. I know you could never fully compensate someone for the loss of a husband but this doesn’t even scratch the surface!
It may have something to do with the age profile and earning potential. ‘To play devils advocate’ his age os not mentioned in the artical. E60000 does seem like pittence concidering the other costs and emotional hurt.
Poor man
90% of lung cancer is caused by smiling. …..no sorry, smoking. …..
Gavin Huban. I am dying from lung cancer and believe me it’s nothing to Smile about.
Easy to see cancer hasn’t touched you yet Gavin,stupid comment.i buried my father last august from lung cancer,the previous year his gp had him on bloody ventolin inhalers to ‘help his breathing’ and was too late by the time the lung cancer was discovered.in 2009 he had bowel cancer so why not check him for other cancers rather than just give inhalers?
I have a auntie going through this right now with the mater hospital. They done a pet scan found a small lump on her lung. Told her to wait 7 months and go back and get the pet scan redone to see if the lump has got bigger or smaller. If it turns out to be cancer they have wasted 7 months that she could have been treated. She is trying to fight the doctor on it and even just to get a biopsy to see if it is cancer but no he won’t do it. She has never smoked in her life, cancer has taken her parents, a brother and 2 sister’s. The health system in Ireland is ridiculous.
How is that ridiculous? Sounds like a decision was made to monitor the “lump” and see what happens, probably because it doesn’t look like cancer. If she needed a biopsy she’d get one. Easier to be outraged than think logically, is it?
Tragic case. Why does it state that Raynauds is a blood flow problem (it’s capillary spasm), additionally it says it is caused by stress which is not true
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