At Whelan Law, our commitment is to advocate for patients and families who have suffered due to medical negligence, pushing not only for justice in individual cases but also for fundamental improvements in healthcare safety. A recent High Court settlement, widely reported, underscores critical and persistent concerns regarding patient safety, particularly in maternity services.
The case involved a 16-year-old boy who suffered severe personal injuries at birth at a regional hospital, a facility that has previously been subject to investigations over patient safety. It was alleged that his delivery involved a delayed Caesarean Section, and that highly concerning events, including an alleged altercation between doctors, occurred during attempts at resuscitation. This led to the child experiencing extreme difficulties with breathing due to hypoxia, resulting in severe and lasting injury.
The High Court approved a significant settlement of €1.9 million for the profound injuries suffered. However, what remains particularly striking and of deep concern to advocates for patient safety is that this substantial settlement was reached without an admission of liability by the healthcare provider.
This outcome echoes a pattern we frequently encounter: while financial compensation is vital for families to secure necessary care and support for their loved ones, the absence of an admission of liability often leaves crucial questions unanswered and prevents full accountability. As Whelan Law has consistently argued, and highlighted in cases such as the tragic one of Esther Flynn, transparency, genuine explanation and an apology are essential for healing and for demonstrating a commitment to learning from mistakes. A settlement without admission of liability, while offering financial security, can perpetuate a lack of explicit acknowledgement of fault, hindering the very open disclosure that is crucial for preventing future harm.
Beyond this individual case, the circumstances surrounding the birth bring wider patient safety issues into sharp focus. The family's legal representatives highlighted that despite inquiries and efforts towards reform, "the same avoidable failings, namely delayed delivery, inadequate CTG (cardiotocography) tracing and misuse of Oxytocin, still remain as main causes of hypoxia in Irish infants in 2025". Furthermore, a critical deficiency was noted: the lack of essential cooling units to counteract hypoxia in infants outside of Cork and Dublin in 2025, painting a picture of a "second-tier maternity system" in parts of the country.
This recent case, alongside the ongoing systemic issues it exposes, reinforces our call for an urgent and comprehensive review of maternity care across Ireland. While a settlement offers vital support, it does not absolve the system of its responsibility to proactively address systemic failings, embrace full accountability and ensure that robust, transparent and standardised safety oversight is consistently applied across all our hospitals.