Parents of brain-damaged child left with €500k legal bill after court action fails

Capt'n Midnight · 12-10-2012 06:28PM

Capt'n Midnight wrote: »

if this had been a car accident the insurance would have paid out wouldn't it ?

the main thing is that it highlights that funding for special needs has a lot of gaps

Robbo wrote: »

It is worth bearing in mind that the standard for medical negligence is much higher than the standard for ordinary negligence.

My point wasn't so much about this case but that the likelyhood and level of compensation for vehicle related incidents seems much higher than those for conditions that arose naturally or from other circumstances.
http://www.rte.ie/news/2012/1012/jennifer-courtney-court.html

A High Court judge has described the system of awarding compensation to victims of catastrophic injuries as "outdated, ineffective and unjust".

Mrs Justice Mary Irvine was speaking as she was asked to approve a settlement of €4 million to a young Dublin woman left with permanent brain damage after being struck by a car five years ago.

lyndaduffy · 13-10-2012 12:42AM

Wow Andy-Pandy!!! we can't get over your generosity. very touching. Hopefully it will never come to this, still in shock at the moment. Have to say we have been absolutely amazed by the media interest in our situation. People have been so concerned and worried for us and we have had some great offers of fundraising help. It has restored our faith - there are some good people out there!
However, I have just read the previous pages of comments and have to say we are both really disappointed at the views of many of you board posters. We would like to make it very clear that we did NOT go into the legal system lightly, we received amazing advice from both our legal experts and world-renouned medical experts from abroad and here in Ireland. We would never ever have gone into this if we didn't think we had a very genuine case and if we did not have every confidence we would win. Also as some others pointed out, our legal team have waived their legal fees so the approx 1 million euros of costs (half of which we have to pay) is only going to the legal eagles on Holles Streets side. It goes without saying, we would never have had to enter the court system if Mark was receiving the care he deserves and if we were receiving the support we need in order to keep our son with us at home. Those people who wrote very negative comments really upset me, you don't know the details of the case and reading one or two random articles is not enough. I am gutted with our result and I am also really disappointed that our story will probably prevent others, who have very genuine cases, in going down the legal route. The state is failing us all on two parts - 1. they are not providing the care that children with special needs deserve and 2. there is no free legal aid available for people to go to court.
I truely hope that none of you ever have to live with a relative with such a life limiting condition and I also hope that none of you ever have the need to take a hospital to court.

ted1 · 13-10-2012 12:51AM

alphabeat wrote: »

dear U2 , Denis o Brien , etc

pay this bill, think of it as a karma tax.

Nonsense, the family lost a case end of. The court ruled that the hospital was not to blame. Why should someone else pick up there bill? They may just appeal it and clock up another bill.

Parents of brain-damaged child left with €500k legal bill after court action fails

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