Family of Irish-Canadian man who died at Kerry hospital settles High Court action

High Court reporters

The family of an Irish Canadian man who died by suicide at University Hospital Kerry has settled a High Court action for €125,000.

Liam Mitchell was 61 years of age when he died at University Hospital Kerry and had been living in Kerry for over three years after moving here from Canada.

Mr Mitchell’s two daughters, Siobhan O’Keefe, who lives in Austria and Kelly Dawn Mitchell, who lives in the UK, sued the HSE over their father’s death.

The family’s counsel Dr John O’Mahony SC  told the High Court it was a very tragic case. Mr Mitchell, who was born in Montreal, had moved back to Ireland where his mother was from to reconnect with his heritage.

Counsel said an apology had been given to Mr Mitchell’s family and was contained in a HSE review of the case.

The apology read: “The Mental Health Services wish to express their deepest condolences to the family and to acknowledge the devastating impact of his death.

"They commit to ensuring that the recommendations identified in this report are implemented.”

Liability was admitted in the case.

Mr Mitchell who lived at Gneeveguilla, Sliabh Luachra , Co Kerry had been referred to the to University Hospital Kerry on September 6th, 2019 for assessment.

Mr Mitchell, who had a history of mental health issues, was admitted to the mental health unit at the hospital for a review of medication, but he remained an inpatient there for eleven weeks until his death on November 23rd, 2019.

In the proceedings, it was claimed there was an alleged failure to have maintained adequate and ongoing supervision and care of Mr Mitchell, and there was an alleged failure to adequately monitor Mr Mitchell.

It was also claimed that there was an alleged failure to advise all members of the staff who had any part in the care and management of Mr Mitchell that he was likely to attempt to carry out suicide.

A HSE system analysis review report, which addressed the circumstances of Mr Mitchell's death, was carried out.

It identified issues around communication and documentation of information about the patient's risk review and risk management plan, but said there was no evidence that these had a direct impact or bearing on the sad outcome.

A number of recommendations were made including that the service should review the process in place at the time for the handover and communication of information between shifts and the multidisciplinary team.

This was to ensure a new system was effective about the communication of and response to information pertinent to patient care.

It also recommended that a revision of relevant policies take place and include the requirement to state clearly that when a patient’s possessions are removed on admission that they  be listed and recorded.

Noting the settlement in the High Court, Mr Justice Paul Coffey offered his deepest sympathy to Mr Mitchell’s family.