The niece of a woman who allegedly died as a result of a bacterial infection has been awarded the bulk of a €28,000 compensation payment for mental distress, rather than some of the money going to the estate of the deceased’s sister.
The case, which came before the High Court this week, concerned the death of the 89-year-old woman in a Dublin hospital in November 2009. The niece was taking a fatal injuries case against the hospital in which her aunt had been treated shortly before her death and the nursing home in which she had lived in the years prior.
The court heard that the woman had been admitted to the hospital a month before her death before being discharged back to the nursing home. She was then admitted to the hospital again, where she died the following day.
A coroner recorded death as due to ‘health care acquired’ clostridium difficile infection, a bacterial infection which causes diarrhoea and colitis.
The niece took a case against both the nursing home and the hospital, citing severe mental distress caused by her aunt’s death. She sought the statutory compensation payable for a fatal injury claim, or solatium, which at the time had a maximum sum of €28,000.
Both the hospital and the nursing denied all liability. The defendants made a settlement offer in 2015 of €28,000, which was accepted. The High Court was asked to judge whether the settlement was reasonable, and to determine whether the sum should go in full to the niece, for whom the deceased woman had acted as a parent, or to the estate of the deceased’s sister, who herself died in August 2016.
The judge ruled that the settlement was reasonable and that the niece had a stronger claim to the money. He directed that the money, less the funeral costs of just under €8,000, be awarded in full to the niece.
If you are involved in a dispute over settlement monies of any nature, be sure to discuss the issue with your solicitor. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Contact us for more information
The niece of a woman who allegedly died as a result of a bacterial infection has been awarded the bulk of a €28,000 compensation payment for mental distress, rather than some of the money going to the estate of the deceased’s sister.
The case, which came before the High Court this week, concerned the death of the 89-year-old woman in a Dublin hospital in November 2009. The niece was taking a fatal injuries case against the hospital in which her aunt had been treated shortly before her death and the nursing home in which she had lived in the years prior.
The court heard that the woman had been admitted to the hospital a month before her death before being discharged back to the nursing home. She was then admitted to the hospital again, where she died the following day.
A coroner recorded death as due to ‘health care acquired’ clostridium difficile infection, a bacterial infection which causes diarrhoea and colitis.
The niece took a case against both the nursing home and the hospital, citing severe mental distress caused by her aunt’s death. She sought the statutory compensation payable for a fatal injury claim, or solatium, which at the time had a maximum sum of €28,000.
Both the hospital and the nursing denied all liability. The defendants made a settlement offer in 2015 of €28,000, which was accepted. The High Court was asked to judge whether the settlement was reasonable, and to determine whether the sum should go in full to the niece, for whom the deceased woman had acted as a parent, or to the estate of the deceased’s sister, who herself died in August 2016.
The judge ruled that the settlement was reasonable and that the niece had a stronger claim to the money. He directed that the money, less the funeral costs of just under €8,000, be awarded in full to the niece.
If you are involved in a dispute over settlement monies of any nature, be sure to discuss the issue with our team of legal experts.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.*
Contact us for more information