University Hospital Limerick (UHL) has issued an unreserved apology in the High Court following a longstanding legal dispute with a family over their father’s death in 2010. The family of the late Michael Daly Snr were present in court to hear the apology. The lawsuit, brought by the family over the death of the 64-year-old, has been resolved.
Michael Daly Snr, who had six children, passed away in 2010 after enduring what his son, Mike Daly Jnr, later characterised as “horrendous suffering” arising from a bowel surgery he underwent in 2007. Post-operation, Mr Daly Snr had to deal with continuous bleeding and pain, which led to several hospital readmissions and visits from 2008 until his health declined in March 2010 due to sepsis. After being transferred to a hospice on April 6, 2010, he passed away the following day.
Representing the family, Barrister Doireann O’Mahony told the court about the countless times Mr Daly Snr was admitted to and discharged from UHL from 2008 to 2009. She highlighted the family’s unrelenting 14-year pursuit for justice for their father’s suffering and death. Despite an initial inquest ruling of natural causes, a campaign led by the family and Michael Daly Jnr resulted in a re-examination of medical records. A second inquest was granted where it was discovered that Mr Daly Snr developed an infection and sepsis, which resulted in a revised verdict of medical misadventure.
O’Mahony pointed out that the HSE recognised a breach of duty concerning Mr Daly Snr’s care at UHL. Following mediation, an undisclosed settlement was achieved. As part of a statement from the UL Hospitals Group that was read in court, UHL conceded responsibility and expressed deep regret for causing distress to Mr Daly’s widow, Mary, and their family. Admitting that Mr Daly’s care fell short of expected standards, UHL extended its deepest sympathies to the family for their loss.
In the courtroom, Layla Daly, the 14-year old granddaughter of Mr Daly Snr, recapitulated a statement prepared on behalf of the family. They described him as a diligent individual who tirelessly supported his spouse and children. “He unfailingly stood by us throughout our childhood and even amidst adulthood, he savoured his moments with all his grandchildren,” she added and affirmed that his greatness will always be commemorated through their cherished memories and shared anecdotes.
Outside the Four Courts, Michael Daly Jnr revealed the satisfaction of the family in finally achieving the acknowledgment that their father’s demise wasn’t due to natural reasons. “If honesty was upheld at that time, this extended battle, culminating in a historic second inquest into our father’s demise, could have been avoided,” he regretfully recounted.
Expressing relief, he stated, “With the acceptance of fault and the public apology today, we can finally close this dreadful chapter in our quest for our father’s justice. Our legal dispute with the HSE has drawn to a close.”
Michael also emphasised the necessity to thwart this incident from recurring and expressed his optimism that a non-statutory inquiry into the event would promise this.
In the High Court case against the HSE, accusations were laid regarding a failure in treating Mr Daly correctly and neglecting the severity and nature of the symptoms presented by Mr Daly.
In March 2007, Mr Daly was diagnosed with rectal cancer and underwent surgery to extract the cancerous tumour from his bowels. A leakage was subsequently detected, identified as a risk imminent in this kind of surgery.
Mr Justice Paul Coffey, while observing the settlement, extended his profound condolences to the Daly family, acknowledging the numerous times Mr Daly was admitted, discharged and attended the UHL over 2008, 2009 and 2010.