Widower’s legal action over ill wife comes a day too late, court rules

A widower's legal action for alleged psychological distress caused by watching his wife spend three days in a chair in a hospital emergency department was brought a day too late, the High Court has ruled.

Anthony Dignam cannot now sue over the effects of seeing his wife Mary, when she was transferred on June 11th, 2010, from St Patrick's Hospital in Dublin to Beaumont Hospital, allegedly sit in a chair for three days before getting a bed. Mrs Dignam, who suffered from liver disease, died on June 20th, 2010 in Beaumont.

The High Court ruled Mr Dignam (75), Limekilns, Malahide Road, Swords, Co Dublin, could not continue an action against Beaumont hospital because that case was brought a day outside the two-year statutory limit for bringing such claims.

Mr Dignam had brought his case in the Circuit Court for psychological injury. He also alleged negligence and breach of duty and alleged that his wife’s consultant was not informed a bed would not be available at Beaumont for upwards of three days.

The claims were denied by the hospital which said that, while a bed had not become available until June 14th, Ms Dignam had been provided with appropriate medical care and treatment.