University Hospital Kerry has apologised for the deficiencies in the standard of care to a man who went to A&E with abdominal pain, was discharged after ten hours and wasn’t operated on until he returned in excruciating pain hours later.
Gearoid Ferris from Dingle, Co Kerry, who was operated on three times, died in the hospital ICU 13 days after he first attended the emergency department.
A letter of apology from the hospital was read to the High Court on Tuesday as his family settled for €300,000 an action over the death of Mr Ferris on his 58th birthday.
The family’s counsel, John O’Mahony SC with Doireann O’Mahony BL, told the High Court the apology is “of crucial importance” to the Ferris family, who, he said, had “suffered enormously”. He said it was a profoundly tragic case.
Counsel said a big opportunity for saving the man’s life had been lost and his condition could “simply have been dealt with” when he first went to the hospital A&E on April 2, 2021".
Thirteen days later, on April 15, 2021 and after three operations, Mr Ferris died after telling his wife and sons he loved them, Dr O’Mahony said.
It was claimed on the Ferris side that had Gearoid Ferris received the appropriate care on April 2, 2021, when he first attended the hospital A&E, he would not have suffered the catastrophic complications he did and he would not have died. The HSE admitted that the care of Mr Ferris fell below the appropriate standard of care.
The letter of apology which was read to the High Court said: “We acknowledge and apologise unreservedly to you for the deficiencies in the standard of care provided to Mr Ferris and the ongoing distress and suffering this has caused you.”
The letter, signed by the hospital general manager Mary Fitzgerald, added: “We wish to reassure you and your family that the hospital strives at all times to optimise patient care and we will continue to ensure that best practice is at the forefront of our clinical service to all patients.”
Helen Ferris, Ballinvownig, Dingle, Co Kerry, along with her two sons, Douglas and Bernard, sued the HSE over the death of Gearoid four years ago.
Mr Ferris had been in good health before his death, apart from battling weight issues. He had gastric bypass surgery and other surgery and was very active, including participating in mountain climbing and was able to climb Mount Brandon and had registered to climb Kilimanjaro.
On April 2, 2021, at around 7pm, he complained of indigestion and his abdominal symptoms worsened. He was brought to the emergency department at University Hospital Kerry by ambulance. However, it is claimed, the decision was made to discharge him at about 5.30am on April 3, when it was claimed he was still symptomatic.
The same day, he was brought back to the hospital before midday and his pain was excruciating. It was claimed his son advised A&E staff of his previous discharge and expressed his concerns about the wellbeing of his father who was begging for help as his pain was by that time unbearable.
It was claimed there was a delay managing Mr Ferris and his son was advised to go home. Later that evening, at around 7pm, his wife received a call advising that her husband’s CT scan had been undertaken which showed a bowel obstruction and that emergency surgery was needed within the hour. She subsequently received another phone call advising her husband was in a critical condition.
Mr Ferris was admitted to the intensive care unit and his family were asked to attend the hospital urgently. He remained in intensive care up to his death on April 15, 2021.
It was claimed but for the delayed diagnosis, Mr Ferris would have been operated on about 24 hours earlier than he was, which would have been sufficient.
Approving the settlement and the division of the €35,000 statutory mental distress payment, Mr Justice Paul Coffey said it was a very sad and tragic case and he extended his deepest sympathy to the family.
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