Courts

Pensioner allegedly assaulted after he was escorted from hospital settles case for €1.7 million

Man was left with significant brain trauma after ‘unprovoked and vicious’ assault and needs 24-hour care

The pensioner who was assaulted and suffered a brain injury outside of a hospital emergency department has settled his High Court action
The pensioner who was assaulted and suffered a brain injury outside of a hospital emergency department has settled his High Court action
Thu Oct 31 2024 - 15:31

A pensioner who claimed he was escorted out of a hospital emergency department but was later assaulted and suffered a brain injury has settled a High Court action against the Health Service Executive (HSE) for €1.7 million.

Senior counsel Hugh Mohan told the court that outside there was an unprovoked and vicious assault on the man who has been left with a significant brain trauma.

He had been referred to the hospital in 2021 by his GP with a letter outlining concerns about his mental health.

Counsel said the man, who a few years previously had also suffered a brain injury in a fall, needs 24-hour care and now has specialised care.

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In the proceedings against the HSE, which the now 71-year-old man brought through his wife, it was claimed that while in the hospital emergency department he encountered difficulties with the wifi.

He approached the reception desk and, it was alleged, there were raised voices. The pensioner was escorted outside, where, it was alleged, he was later violently assaulted.

It was claimed that the HSE had caused a danger on its premises and that it failed to have proper regard for the man’s safety.

There was also an alleged failure to take adequate precautions for the man’s safety when he was a visitor on the premises.

The pensioner was allegedly unlawfully removed from the premises and there was a failure to manage or control or supervise its premises in a reasonable manner.

All of the claims were denied.

The man was found unresponsive outside the hospital emergency department and was brought to a resuscitation unit where he was incubated and ventilated. He was later diagnosed as having suffered a traumatic brain injury, a skull fracture and a fracture to his arm.

Approving the settlement, High Court president Mr Justice David Barniville said the man suffered a very very serious brain injury that had a life changing effect on him. He said the settlement offer was fair and reasonable.

The judge put a stay on the judgment for six months so that an issue between the HSE and a third party can be determined or agreed. Mr Justice Barniville wished the man and his family well.