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John Browne
John Browne
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Hussey Fraser Secures Settlement After HSE Acknowledges Failings in Care at University Hospital Kerry


The family of Liam Mitchell, who died by suicide while an inpatient at University Hospital Kerry, has settled a High Court action for €125,000. The Health Service Executive (HSE) acknowledged the devastating impact of Mr Mitchell’s death and confirmed that liability had been admitted. Medical Negligence Solicitor John Browne acted on behalf of the family.

Liam Mitchell, aged 61, had been living in Co Kerry for more than three years after returning from Canada, where he was born in Montreal. He died on 23 November 2019 while an inpatient at the hospital’s mental health unit. He was survived by his daughters, Siobhan O’Keefe (Austria) and Kelly Dawn Mitchell (UK), who brought the action against the HSE.

Mr Mitchell, who lived at Gneeveguilla, Sliabh Luachra, was referred to University Hospital Kerry on 6 September 2019 for mental health assessment and was admitted as an inpatient. Discharge with medication had been considered, but he remained in the unit for eleven weeks until his death.

In the proceedings, it was alleged that there was a failure to maintain adequate and ongoing supervision and care, a failure to adequately monitor Mr Mitchell, and a failure to ensure that all staff involved in his care were properly informed of his risk of suicide. Counsel described the case as extremely tragic and spoke of the significant impact on Mr Mitchell’s family.

A HSE System Analysis Review carried out after his death identified issues relating to communication, documentation, and the management of patient‑risk information. While the review stated that there was no direct evidence linking these issues to the outcome, several recommendations were made, including improvements to handover processes, multidisciplinary communication, and the listing and recording of patient possessions on admission. The Mental Health Services issued a written acknowledgment expressing condolences to the family and committing to implementing the review’s recommendations.

The High Court settlement was noted by Mr Justice Paul Coffey, who extended his sympathy to the Mitchell family.

Medical Negligence Solicitor John Browne said the outcome provided an important measure of recognition for the family following an extremely traumatic experience, and he welcomed the HSE’s commitment to strengthening procedures within the mental health services.

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