HSE apologises over death of mother of six

The Health Service Executive has publicly apologised at the High Court and is to pay €165,000 damages to the family of a mother of six who died after delayed surgery at St Luke's General Hospital, Kilkenny.

Patrick Malone, Green Road, Carlow, who sued over the death of his wife, Helen, told Mr Justice Seán Ryan: "You never can put a price on somebody so dear. It was never about the money."

Mrs Malone, Green Road, Carlow, had "languished for days" before surgery was carried out on January 8th, 2006, for a bowel problem, the court heard. She died four days later but might have lived had surgery been performed earlier, it was claimed.

In a letter to her widower last May, read in court as part of the settlement, the HSE, on behalf of the management, clinicians and staff at the hospital, apologised “for the hospital’s failure in the treatment and care afforded” to Mrs Malone.

“We acknowledge that the treatment provided to your wife did not meet the standard that could be expected which led to a series of events giving rise to her untimely death,” the statement said.

Mr Malone told the judge the case was never about money and the settlement marked the end of an 8½-year legal battle.

He said it was "very disappointing" the HSE had not admitted liability in 2009 when the Medical Council, in dealing with four charges of professional misconduct against the consultant handling the case, George Nessim, found that he failed in his professional duty to Mrs Malone.