At Whelan Law, our advocacy for patient safety and accountability is driven by the profound belief that every individual and family impacted by medical failings deserves transparency, answers and, where appropriate, a genuine apology. A recent report from RTÉ News (July 23, 2025) has brought to light the tragic case of a patient, a 91-year-old man who passed away in August 2022 due to choking complications. In a significant development, his family has now received an apology from the HSE for failings in his care.
The patient was admitted to University Hospital Limerick on July 26, 2022, after possibly inhaling a partial denture. A chest X-ray taken upon his arrival remarkably showed "multiple linear densities in the upper neck, likely reflecting a foreign body." However, as the High Court heard, a full week elapsed between this critical X-ray being reported on July 30 and its findings finally being acted upon by medics at University Hospital Limerick. The dentures were eventually removed on August 4, a full nine days after the patient's admission. Despite efforts, his condition deteriorated and he passed away peacefully on August 12.
The HSE's apology, issued to the patient's family, acknowledged "the delay in the review of the relevant X-ray." It further stated: "The hospital has learned from the incident and has implemented the recommendation identified by the coroner at the inquest. We wish to apologise for the failings in the care provided and for the distress and upset that this has caused."
However, while we commend the HSE's actions in this case, it highlights a persistent inconsistency within our healthcare system. As we have emphasised in previous discussions (such as our article "The Apology Divide: When Patient Safety Legislation Fails to Deliver Consistency"), direct and unreserved apologies for medical failings are, regrettably, not always forthcoming. Our experience, through cases like that of Esther Flynn, has often involved protracted battles for answers, with apologies and full explanations being withheld even after legal proceedings. In Esther's case, her family is still pursuing an inquest to find the answers that were not provided through other avenues.
While the Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 aims to foster a culture of transparency, mandating disclosure of serious incidents, it does not compel healthcare providers to issue an apology except in very limited circumstances. This makes cases like this all the more notable and valuable.
At Whelan Law, we commend the positive step taken in this recent case and will continue to advocate tirelessly for the consistent application of open disclosure and accountability across the entire healthcare system, ensuring that such vital apologies become standard practice, not the exception.