Medical Misadventure and Narrative Verdict – Determining When They Are Applicable

13/03/2019


Earlier this week, a consultant working in Sligo  University Hospital told the Dublin City Coroner’s Court that he did not order the brain scan of a patient who presented to the emergency department with what was later determined to be a catastrophic bleed to her brain, as he did not believe it was needed at that time.

The woman, a 19-year-old student, had been admitted to the hospital on the evening of January 17, 2017, presenting with symptoms of vomiting and a severe headache. She died as a result of her injury three days later in Beaumont Hospital.

Although acknowledging that a scan would eventually be required, the consultant stated that he felt an emergency, out of hours CT scan was not needed imminently given the information that was available to him. The consultant also contended that had he been aware of the clinical signs that were present more than an hour later, the request for a scan would have been ordered immediately.

Narrative Verdict

The coroner stated that she had intended to record what is known as a ‘narrative verdict’ as part of the inquest, which is a straightforward, factual summary of the circumstances surrounding a person’s death, often viewed as a more neutral representation of the coroner’s findings.

However, the legal representative for the young woman’s family insisted that the correct verdict of the inquest should be attributed to medical misadventure, which represents a different legal determination.

Medical Misadventure

In an inquest, affirming medical misadventure is important for establishing whether or not a decision by medical staff contributed to or was the cause of an individual’s death. An independent coroner will investigate all facts surrounding the death, while also noting any actions that may have been a contributing factor, including prior medical treatment or oversight.

As a scan was not ordered promptly by the consultant at Sligo Hospital University on January 17th, 2017, despite an alleged absence of neurological signs, the family of the young woman seeks to argue that medical misadventure is applicable in this instance.

The inquest has been adjourned until July in order for evidence to be heard from a separate consultant working at Beaumont Hospital.

Seeking Legal Counsel

Inquests are an critical aspect of practice for medical negligence solicitors, as important questions must be asked of the deceased person and the care, or lack thereof, that they received. Should you have any concerns regarding the medical treatment of a friend or family member, please do not hesitate to contact a member of our legal team who will be happy to provide you with further information.

* In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. *


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