Man (76) injured when hospital ceiling collapsed settles High Court action

Ann O'Loughlin

A patient who was injured when a ceiling collapsed on top of him in a critical care unit has settled a High Court action.

Hugh O'Donnell (76) was in the critical care unit of St Luke’s Hospital, Kilkenny, last August when part of the ceiling fell onto his bed.

The elderly man ended up covered in water and debris and was in some distress when found by hospital staff.

His counsel Niall Flynn BL, instructed by Whelan Law solicitors, told the High Court that the incident happened on August 15th this year but the action before the courts had been case-managed so it could be brought on faster because of Mr O’Donnell’s general health.

Counsel said Mr O’Donnell had been in the critical care unit for treatment for respiratory sepsis and other infections. He said that part of the ceiling which had become saturated with water gave way and collapsed on Mr O’Donnell’s hospital bed.

Counsel said the water continued to flow and Mr O’Donnell was in distress and his bed was saturated when he was found by staff. He had also suffered abrasions and lacerations to his head. The O’Donnell side also contended there were psychiatric injuries.

Counsel said that liability had been conceded early in the case and St Luke’s Hospital accepted that the incident was very distressing for Mr O’Donnell. The HSE in correspondence said it regretted the incident that occurred.

Counsel said that the HSE had a patient safety open disclosure meeting with the O’Donnell family, which is believed to be the first such meeting under the new framework.

Mr O’Donnell’s family, he said, were grateful for the way the case had been met.

Hugh O'Donnell who resides in a nursing home in Urlingford, Co Kilkenny had sued St Luke’s Hospital and the HSE.

In the proceedings, it was claimed there was a failure to take any reasonable care to see Mr O'Donnell was reasonably safe while on the hospital premises.

It was also claimed that the premises had remained in an unsafe condition, causing a source of danger or a trap to those using it.

It was further claimed that the ceiling had been permitted to remain in a dangerous, hazardous and defective condition.

It was also contended that there was a failure to ensure that the ceiling was attended to in a timely manner to ensure it would not constitute a source of danger to those on the premises.

Mr Justice Paul Coffey said he was delighted to hear the case had been resolved with such expedition. The details of the settlement are confidential.