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The family of an elderly man who died after suffering ten falls in eight months at a Cork nursing home has settled a High Court action over the circumstances of his death.
Noel O’Sullivan, 93, from Ballinlough, Cork, died after suffering traumatic head injuries in a fall at the nursing home on the Lee Road in Cork on 12 October 2020.
An inquest into his death heard he was put back to bed after the fall and it was several hours before he was examined by a doctor and transferred to hospital.
He had suffered a broken hip and wrist and had bruising to the brain and a brain bleed. He also had aspiration in his lungs as a consequence of vomiting. He died six days later.
After his death his daughter Regina Nolan obtained his care records which showed he had fallen ten times in the previous eight months with some of the falls unwitnessed.
Ms Nolan issued High Court proceedings which were settled today without admission of liability.
Her lawyers told the court their expert witness said there were “multiple systemic failures” in the manner in which Mr O’Sullivan was cared for.”
The details of the settlement were not disclosed. The case came before the High Court for a ruling on the statutory sum awarded to relatives for mental distress in cases of wrongful death.
A letter read in court to Ms Nolan on behalf of the management and staff of Mount Desert Nursing Home said it wished to “offer our sincerest regrets to you and your extended family following the tragic death of Noel O’Sullivan on 18th October 2020.
“We acknowledge that the experience was devastating for you and your family and that it continues to have a profound and lasting effect on you and your family. We appreciate that your experience with the Nursing home here in this sad time did not meet expectations and we offer our sincerest regrets.”
Mr Justice Coffey expressed his condolences to Ms Nolan and her family.
Afterwards Ms Nolan said her father was a “kind caring man with a wonderful social conscience. He deserved better.”
She said her father had been failed and she hoped her case served as a turning point that nursing home care should have “thorough and regular independent evaluations”.
She added: “I believe the regulation of nursing homes requires review based on my personal experience. I was very disappointed and felt let down by the response I received from HIQA when I sought their input on my late father’s situation in October 2020 – a day after his last fall. I was informed by HIQA that they could not investigate individual cases.”
She said while the nursing home had passed a HIQA inspection in May 2020 this contradicted the evidence heard at her father’s inquest.
Solicitor Marian Fogarty said in her opinion “the manner in which HIQA conducts its inspections on nursing homes leaves open the potential to miss serious safety issues. Not all nursing homes are inspected each year and not all aspects of the regulations are inspected at an inspection.
“In this case, HIQA’s May 2020 inspection report on this nursing home found that there ‘were effective management systems in this centre, ensuring good quality care was delivered to the residents.’ The same HIQA Inspection Report also found that there was evidence that staff received training appropriate to their roles which enabled staff to provide evidence-based care to residents.
“These findings contradict the facts of this case and the evidence heard before the Coroner’s Court into the death of Noel O’Sullivan in terms of the evidence based care he received at the nursing home. I do not know why HIQA informed Regina Nolan that they don’t investigate individual complaints.
“This contradicts section 9 of the Health Act 2007 which states that HIQA can undertake such an investigation if they believe there is a serious risk to the health and welfare of a nursing home resident.”
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