The Daly family hold up a photo of their beloved Michael Daly outside the High Court in Dublin last week
“TODAY, with the admission of liability and the public apology from the HSE, we can finally close this awful chapter in our pursuit of justice for our father,” said Mike Daly Jnr outside the High Court.
University Hospital Limerick apologised and admitted liability in the case of his father, Michael Daly Snr, who died following complications from colorectal surgery.
Mr Daly Snr, aged 65, from Garryowen, passed away on April 7, 2010.
A verdict of medical misadventure was recorded at the second inquest into the death of Mr Daly in 2023. Two inquests for the same person is thought to be a first in the history of the State. A 2012 inquest found that Mr Daly Snr had died of cardiac failure due to natural causes.
A verdict of medical misadventure was recorded at the inquest last year by Limerick coroner John McNamara. It heard that a “timely” surgical procedure would have “avoided the death” of Mr Daly Snr who had been treated for rectal pain and bleeding for over two and half years and had a number of surgical procedures carried out in the Regional Hospital (now University Hospital Limerick).
“It is fair to say he underwent a lot of tests and investigations at the hospital. It appears that the cause of his ongoing illness was never established,” said Mr McNamara.
READ ALSO: 'Thank God it's finally over': Limerick family reacts to verdict following second inquest
Mr Daly’s family took a case against the HSE. The case was settled on Thursday, June 13 in the High Court. A letter on behalf of UHL addressed to his widow Mary, was read to the court.
“On behalf of University Hospital Limerick, we wish to offer you sincere sympathies on the death of Michael Daly. Regrettably, investigations have shown that aspects of the care received by Mr Daly did not reach the standards that could be expected. The hospital has admitted liability and apologises unreservedly to you and your family for the hurt, stress and upset caused,” it said.
Speaking outside the High Court, Mr Daly Jnr said: “On behalf of my mother, my siblings and myself, I would like to extend a heartfelt thank you to the unconditional support of those who reached out to us over the years”.
He said they have finally achieved recognition that their father's death was not due to natural causes but rather medical negligence.
“Had the truth been told to us at the time, we would not have had to endure this prolonged struggle, which ultimately resulted in a historic second inquest into our father’s death in Ireland.
“Today, with the admission of liability and the public apology from the HSE, we can finally close this awful chapter in our pursuit of justice for our father. Our case against the HSE has concluded.
“However, it is important to highlight that most medical negligence cases involve a single incident. In our father's case, there were over 20 separate incidences of medical negligence, constituting a sustained pattern of negligence over a two-and-a-half-year period, ultimately leading to our father’s death,” said Mr Daly.
It is imperative, he said, that “what happened to our father never happens to another person again, and we hope that such an inquiry will ensure this”.
Mr Daly thanked their legal nurse Anne Dowling, barrister Doireann O’Mahony, solicitor Dermot Conway and the Limerick corner John McNamara.
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