Published on The Irish Times and BreakingNews.ie.
Eileen McCarthy, represented by Tiernan & Co. Solicitors, has received an apology in the High Court concerning the inadequate medical care provided to her late husband, Stephen McCarthy. Stephen, a 56-year-old plumber from Tallaght, tragically took his own life in February 2022 after enduring severe suffering from a rapid-onset spinal condition known as cauda equina syndrome.
In September 2015, Stephen sustained a back injury while lifting a heavy object at work, which led to the development of cauda equina syndrome—a serious condition caused by the compression of nerve roots in the lower spine. If not diagnosed and treated promptly, this syndrome can result in loss of lower body sensation, bladder and bowel dysfunction, and even irreversible paralysis.
Following his injury, Stephen was visited at home twice by General Practitioner Dr. Ali Almareji. It was alleged that Dr. Almareji failed to take a comprehensive medical history and did not conduct a thorough examination. Despite Stephen reporting back pain, numbness around his perineum, radiating pain down both legs, and an inability to pass urine—all key indicators of cauda equina syndrome—he was initially diagnosed with muscle pain. Two days later, he was referred to the hospital for sciatica.
On September 5, 2015, after being advised over the phone by Dr. Almareji to wait two to three days before going to the hospital if symptoms persisted, Stephen and Eileen decided to visit Tallaght Hospital that evening. Upon arrival, the triage nurse immediately recognised symptoms consistent with cauda equina syndrome.
Despite medical intervention, Stephen’s condition had already progressed, leading to significant deterioration in his quality of life. According to statements made in court by Senior Counsel Barney Quirke, instructed by Tiernan & Co. Solicitors, Stephen “suffered greatly” before ultimately succumbing to his illness.
In the High Court proceedings, Dr. Almareji issued a formal apology to Eileen McCarthy and her family. Read aloud by his senior counsel, Declan Buckley, the apology expressed deep regret for the inadequate standard of care provided to Stephen.
Eileen McCarthy pursued legal action against Dr. Almareji and Mediserve Homecare Limited for alleged clinical negligence resulting in nervous shock and loss. She also filed a claim against J&D O’Brien, Stephen’s former employer, alleging failure to provide a safe working environment. The employer denied the claims and made no admissions of liability. The cases were settled on confidential terms, with the court approving a statutory payment of €35,000 to Mrs. McCarthy.
Mr. Justice Tony O’Connor, presiding over the case, expressed his sympathies to Eileen McCarthy, stating, “No words can capture what you had to go through.”
Tiernan & Co. Solicitors were instrumental in representing Mrs. McCarthy throughout this challenging legal process, ensuring that her late husband’s case was heard and that accountability was acknowledged.
This tragic case highlights the critical importance of timely diagnosis and treatment of serious medical conditions like cauda equina syndrome. It also underscores the profound impact that medical negligence can have on patients and their families.
If you or a loved one have experienced similar circumstances, Tiernan & Co. Solicitors specialise in medical negligence cases and are here to provide expert legal assistance.
