High Court Awards Damages Against HSE For A ‘Near Death Experience’ Following A Hospital Delay

Author:Mr Tom Hayes

The High Court recently considered Ms Larkin's claim for post-traumatic stress following an alleged "near death experience" in hospital in January 2008.1  The plaintiff began to bleed internally after her baby was delivered by caesarean section, and required a second operation to stop the bleeding.  The plaintiff sued the HSE and the consultant gynaecologist for alleged negligence and breach of duty. She claimed the defendants failed to sufficiently check or recognise signs that she was bleeding profusely and losing substantial amounts of blood, despite her distress signals.  She alleged that, by the time she underwent an operation to stop the bleeding, she was in a parlous state and had suffered massive blood loss and a near death experience.  At the date of the trial, the plaintiff alleged that she had not recovered from the possibility that she might have died.  The claims were denied by the defendants, who...

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