O'Reilly Stewart Healthcare Solicitors

25/02/2025

Consultation into “Being Open Framework” for Healthcare providers in Northern Ireland welcomed by O’Reilly Stewart.

The Health Minister, Mike Nesbitt, has announced a consultation into draft policy proposals for the introduction of a ‘Being Open Framework’, along with a Statutory Duty of Candour in Northern Ireland. The introduction of a duty of candour in Northern Ireland has long been the subject of debate. It was first recommended by Mr Justice O’Hara as part of his report on the Independent Inquiry into Hyponatraemia Related Deaths in 2018. One of the Inquiry’s 96 recommendations was that a statutory duty of candour for organisations should be introduced, along with a separate statutory duty of candour for individual staff, with criminal sanctions attached for breach.

This led to a 20 week long public consultation in 2021, following which the then Health Minister, Robin Swann, determined that the initial focus should be on developing a policy for a “Being Open Framework” for the health and social care system. It is this Framework which is now finally available for consultation.

There has been a statutory Duty of Candour in place in England for NHS Trusts and other healthcare providers since 2015, with similar legislative requirements also applying in Scotland and Wales. In the Republic of Ireland, the Patient Safety (Notifiable Incidents and Open Disclosure) Act came into force in 2023. Essentially, these various pieces of legislation require that healthcare organisations and all individuals working for them are required by law to be open and honest in their dealings with patients and the public. In addition individual practitioners are subject to a professional duty of candour by virtue of their codes of practice, such requirement already being place in Northern Ireland.

At O’Reilly Stewart we strongly support the introduction of a duty of candour in Northern Ireland without further delay. The protections that such a duty will afford to patients are to be welcomed and it is essential that patients in this jurisdiction are placed on a similar footing as those throughout the UK and Ireland as soon as possible. It is a regrettable feature of our current system that all too often it is for patients and next of kin to seek an explanation as to what happened when something goes wrong, that such a process is dogged by delay and that it leads to an unsatisfactory conclusion. A statutory requirement, imposing a obligation on the healthcare provider to tell a patient when something has gone wrong, to apologise and to put matters right, if possible, is long overdue in Northern Ireland.

The consultation remains open until 21st March 2025 and can be accessed at Department of Health ‘Being Open Framework’ Consultation Questionnaire – NI Direct – Citizen Space



💻 https://oreillystewart.com/consultation-into-a-being-open-framework-for-healthcare-providers-in-northern-ireland-welcomed-by-oreilly-stewart/

☎️ 029 90 321 000

07/02/2025

FAILURE TO TREAT CAUDA EQUINA SYNDROME - £1,650,000 DAMAGES. Excellent result by Patrick Mullarkey.

A patient who suffered permanent injury as a consequence of a failure to diagnose and treat cauda equina syndrome, has recovered £1.65 million damages from a Health Trust and her General Practitioners. Cauda equina syndrome is a medical emergency which occurs when a herniated disc compresses the spinal cord leading to permanent nerve damage.

Having suffered complaints associated with back pain on and off for approximately 1 year, the patient suffered a deterioration in her condition in and around October 2017. The patient initially consulted her General Practitioner with primary care failing to relieve her symptomology. She attended the Emergency Department at her local Hospital where, it was admitted, she received substandard care. Due to continuing discomfort and pain, the patient sought assistance the following day and was ultimately referred to the Out of Hours General Practitioner Service. Once again it is alleged that the care that she received was inappropriate. The patient continued to consult with her own General Practitioner, pressing for further investigation of her complaints. Ultimately she arranged private MRI scanning which demonstrated a pr*****ed disc in her lumbar spine which was causing cauda equina syndrome. The patient was referred urgently to tertiary care where she underwent emergency surgery to decompress the pr*****ed disc.

The patient continues to suffer from symptoms associated with cauda equina syndrome, even after the surgery, including sensory deficit, chronic pain, foot drop, numbness affecting her left foot, buttock, perineum and leg, impaired balance and stability, bladder dysfunction and bowel dysfunction. Unsurprisingly, by reason of the physical symptoms, the patient has also suffered upset and distress affecting her mental health.

It was the patient’s case that the care that she received from her GPs, from the Emergency Department, and from the Out of Hours GP was substandard. It was her case that she had presented with symptoms which were consistent with a developing cauda equina syndrome and that the various Clinicians and persons responsible for her care failed to correctly recognise and diagnose her condition and, therefore, to treat accordingly. She alleged that due to that failure, she went on to develop permanent injury which would otherwise have been avoided had appropriate care been provided.

Cauda equina syndrome is a significant injury which causes permanent disability affecting health and quality of life. In this case it impaired the patient’s ability to work, and it necessitated care and therapy.

The injured party instructed Patrick Mullarkey of O’Reilly Stewart Solicitors in September 2019. After a full investigation of the care, including obtaining independent medical evidence to support the allegations of negligence, proceedings were issued on behalf of the Plaintiff and the claim was advanced in the High Court of Justice in Northern Ireland. The case was listed for trial, and on the eve of hearing, pursuant to detailed discussions between the legal teams, the case was settled between the parties for a payment, in damages, of £1.65 million. The Defendants also agreed to pay back to the Government all benefits received by the Plaintiff since the date of her injury. In addition to the payment of damages to the injured party, she also recovered the full costs of the action against the Defendants. It is to be noted that the Plaintiff had the benefit of a Civil Aid Certificate during the course of her action. The Plaintiff is grateful for the assistance provided to her in her claim by the Legal Services Agency Northern Ireland.

Damages were paid to the Plaintiff by both the Healthcare Trust responsible for the operation of the Emergency Department and the Out of Hours Service and by the Plaintiff’s General Practitioners. Payment was made without admission of liability on the part of the General Practitioners.

💻 https://oreillystewart.com/casestudy/failure-to-treat-cauda-equina-syndrome-1650000-damages/
☎️028 90 321 000

05/02/2025

We welcome Aine Tyrrell as Partner in our Healthcare Team. Congratulations also to Stuart Gilmore, the firm’s new Managing Director

NEW SENIOR APPOINTMENTS AT O’REILLY STEWART

O’Reilly Stewart Solicitors has announced the appointment of Stuart Gilmore as its new Managing Director and a significant new addition to its Healthcare Department with the recruitment of Solicitor Aine Tyrrell as a Partner.

A partner within the practice since 2012 and with almost 30 years’ experience, Stuart will now lead the company as it continues to grow, building on the strength and expertise of the senior leadership team.

Commenting on his appointment Stuart said, “I am looking forward to the opportunity of developing and expanding the business and each department as we continue to enhance our services for our clients. I have had the privilege of working under such some of Belfast’s most experienced and skilled solicitors including Garrett O’Reilly, Brian Stewart, and Joe Moore during my career here and I am excited about using that experience to support O’Reilly Stewart continued growth.”

Having qualified as a Solicitor in 2009, Aine specialises in healthcare law and medical negligence litigation and has acted for Clients in a diverse range of clinical negligence cases with extensive litigation experience.

Welcoming Aine’s appointment Patrick Mullarkey, Head of Healthcare at O’Reilly Stewart Solicitors said, “Aine is a fantastic addition to our team. Having previously worked with Aine for many years, her appointment is great news for our business and for the clients we represent. She brings a wealth of knowledge, expertise and experience to the table and I am looking forward to working closely with her as we develop and enhance our client services. Joining a dynamic and growing healthcare department, Aine’s presence and contribution will be a considerable asset to our solicitors, trainees and staff.”

Commenting on her appointment, Aine said, “O’Reilly Stewart is a highly respected firm with an exemplary Healthcare department. It has one of the most experienced and talented clinical negligence teams in Northern Ireland, is recognised as such by the Ranking Directories and this is a very exciting opportunity for me to join a as a partner. I look forward to using my experience in the litigation sector to deliver exceptional service to our clients and contribute to the growth and continued success of the business.”

Stuart and Aine will both play a key role in supporting the growth of the Belfast city centre business which now has over 50 staff.

💻 https://oreillystewart.com/new-senior-appointments-at-oreilly-stewart/
☎️028 90 321 000

29/01/2025

Our Charity Partner for 2025 is Northern Ireland Hospice - read more below!

23/01/2025

⬇️⬇️

OFFICE CLOSURE - STORM EOWYN

Please note that our office will be closed on Friday 24th January 2025 due to the red weather alert in respect of Storm Eowyn.

Our professional staff will still be working remotely where applicable and the office will reopen as normal at 9am on Monday 27th January 2025.

Stay safe, everyone.

https://oreillystewart.com/office-closure-storm-eowyn/

10/01/2025

Long Waits Outside Local Emergency Departments Causing Deaths - read our article here https://oreillystewart.com/long-waits-outside-local-emergency-departments-causing-deaths/

08/01/2025

⚖️ATTENTION PROSPECTIVE TRAINEE SOLICITORS ⚖️

We are inviting applications from Trainee Solicitors for the 2025 intake.

We are currently accepting CV’s (with a covering letter) for the Trainee Solicitor Scheme commencing in September 2025.

CV’s/covering letter can be sent to us by email to [email protected] or by post to:

Leanne Mills
O’Reilly Stewart Solicitors
Courtside House
75-77 May Street
Belfast
BT1 3JL

Closing date for applications is Friday 31st January 2025.

https://oreillystewart.com/trainee-solicitor-applications/

20/12/2024

Well done team - fantastic cause

O’Reilly Stewart’s charity partnership with Dementia NI has drawn to a close at the end of 2024. The ORS team raised the sum £3,300.00 with fundraising efforts taking place throughout the year. This included dress-down days, an Easter egg decorating competition, an alternative pumpkin carving, and Director Janet Williamson taking part in two half marathons over two weekends.

Every year our staff are invited to vote for our charity of the year and in 2024 we decided to support local charity Dementia NI as this particular cause is close to the hearts of our colleagues and their families.

Pictured – Manging Director Stuart Gilmore and Director Janet Williamson with Jacqui McCurdy of Dementia NI.

20/12/2024

🎅CHRISTMAS HOLIDAY CLOSURE🎅

Our office will be closed from 5.00pm on Friday 20 December 2024 and will reopen at 9.00am on Thursday 2nd January 2025.

The team at O’Reilly Stewart would take this opportunity to wish you all a very Merry Christmas and a Happy New Year.

13/12/2024

2024 winners! Team effort - congratulations everyone 👏🌟

11/12/2024

📣 Review into Cervical Screening in Southern Health and the Social Care Trust Area:

After a major review into cervical screening in the Southern Health and Social Care Trust, the BBC reports this morning, on 11th December 2024, that eight women developed cancer following a smear test misreading. They also report that a further 11 women’s slides were found to have pre-cancerous cell changes when reviewed (BBC News NI).

This major review was triggered when the diagnosis of cancer of three women were investigated as Serious Adverse Incidents. Two of these women have since died.

We note the concerns of the women and families who have been impacted by the Southern Trust’s Cervical Recall and the recent major review into cervical screening. We take this opportunity once again to offer our support to those people including “Ladies with Letters”. We also offer our sincere condolence to the families have lost loved ones.

This morning’s report from the BBC report follows the announcement in October 2023, that 17,500 women who underwent cervical screening under the care of the Southern Health and Social Care Trust were recalled. The Southern Trust has already made a public apology and has admitted that “failings” have taken place, however, O’Reilly Stewart are extremely concerned by this morning’s report from the BBC.

O’Reilly Stewart has previously backed calls for a Statutory Public Inquiry into the cervical recall and we take this opportunity to reiterate our support for this. We are particularly concerned by the findings from the major review into cervical screenings at the Southern Trust and we argue that the clear “failings” should be properly investigated by way of a Statutory Public Inquiry.

O’Reilly Stewart has an experienced team of solicitors who specialise in Clinical Negligence and Public Inquiry work. Please contact a member of the team if you or a family member have been affected by any of the issues discussed above.

We speak up for you. We stand up for you. We represent you.

We are O’Reilly Stewart, Healthcare.

21/11/2024

Well done everyone! ⭐️⭐️⭐️⭐️⭐️

⭐️⭐️⭐️⭐️⭐️ 100 Google Reviews ⭐️⭐️⭐️⭐️⭐️

O’Reilly Stewart reach 100 Google Reviews with overall 5* rating. Congratulations everyone! Read more here - https://oreillystewart.com/oreilly-stewart-reach-100-google-reviews-with-overall-5-rating/