Man Receives Compensation for Hand Injury from Slip in Bar

A  man has received compensation for a hand injury that he received after he fell on broken glass after slipping in a bar. 

In September 2011, David O’Keeffe (31) made was watching the All Ireland Football Final in the Woolshed Baa & Grill on Parnell Street in Dublin with a group of friends when, after the match had finished, he attempted to visit the restroom.

As he was making his way through the packed bar, he slipped on a wet patch of floor and fell, resulting in a cut on his hand as he landed on a piece of glass. David was attended to by a First Aider at the bar, and later attended the Accident & Emergency Department of St. James’ Hospital. The cut was properly cleaned and stitched at the hospital.

David sought legal counsel, and made a cut hand injury compensation claim against the Woolshed Baa & Grill, claiming that the bar had allowed uncollected glasses to stack up, which had likely called over and smashed. He further claimed that spilled drinks remained unattended to and that the bar had failed to follow adequate cleaning procedures, resulting in his injury.

The defendants denied liability for David’s injury. They further refused to grant consent to the Injuries Board for assessment of the claim. As a result, David was authorised to pursue his claim for compensation in court. A hearing to establish liability for his injury took place last week at the Circuit Civil Court in Dublin.

Judge Jacqueline Linnane was told by the Woolshed Baa & Grill that David’s hand injury was due to David’s friend unsuccessfully trying to lift him up while he had a glass in his hand. The bar owners testified that the bar had followed its cleaning procedures on the day in question, and that although an accident report had been completed at the time, they were unable to locate it.

In spite of this account, Judge Linnane stated that she accepted David’s version of events, as the bar had been packed “to the point that one would not have been able to see that the floor was wet”. She found in David´s favour and awarded him €20,000 in settlement of his cut hand injury compensation claim.

Family Seek Compensation for Post-Operative Infection

The family of a woman who died from organ failure following a routine operation, have begun claiming compensation for their loss.

On the 13th July 2013, Susan McGee – a fifty-two year-old mother of two from Rush, Co. Dublin – was admitted t the Hermitage Medical Clinic. Susan was to undergo an operation to remove a hernia; initially deemed successful, Susan was discharged a few days later to the care of Melissa Barry, one of her children.

However, just one day after her discharge Susan began feeling unwell and experiencing pain and discomfort in her stomach. She and her daughter returned to the medical centre where she was readmitted for observation. Yet Susan continued to worsen, and a CAT scan conducted on the 22nd July showed that she had an obstruction in her intestine.

An emergency operation was carried out to help clear the blockage, though Susan did not improve. The next day, she was moved to Beaumont Hospital, where she tragically died on the 24th July. Her cause of death was multiple organ failure caused by sepsis, which was in turn caused by a  Clostridium difficile infection.

In February 2015, an inquest was carried out into the circumstances of Susan’s death. However, it was adjourned as only the consultants overseeing Susan’s care gave statements. There was an additional risk that the evidence provided by the nurses at the hospital would be contradicted by Melissa’s testimony.

The case reconvened in June 2015 at the Dublin City Coroner’s Court. There, the court heard that the medical staff had not noticed that there was faecal fluid draining from Susan’s nasogastric tube. Additionally, there was a gap in the records of Susan’s vital signs between 8:00 am and 6:00 pm on the 21st July, just three days before her death.

Whilst Susan was at the hospital, there was just one resident medical officer on duty, Dr Lachman Pahwani. Whilst speaking during the hearing, Dr Pahwani claimed that he had devoted as much time as possible to Susan whilst she was under his care, but that he had another eighty-one patients to care for during that period.

The court ruled that Susan died because of medical misadventure and once the hearing concluded, Susan’s family announced their intent to claim for wrongful death due to a fatal post-surgical infection, medical negligence and bereavement due to medical negligence.