Delayed Diagnosis of Serious Ear Infection in Child

A two-year-old girl was brought to hospital on multiple occasions with complaints of ear pain and high temperature. Despite repeated visits to Children’s Health Ireland at Temple Street, her condition was not properly diagnosed or treated.
Eventually, when her parents brought her to CHI Crumlin, she was correctly diagnosed with Mastoiditis—a serious infection affecting the bone behind the ear. She was immediately hospitalised, placed on antibiotics, and required surgery the following day.

Medical experts supported the claim that:

• Earlier complaints were either misdiagnosed, undiagnosed, or ignored.
• The failure to provide timely and appropriate care led to a delay in receiving the correct treatment, causing unnecessary escalation of the condition.

Key Legal and Medical Issues

• Diagnostic Failure: Repeated missed opportunities to identify Mastoiditis during earlier hospital visits.
• Delay in Treatment: The child only received proper treatment after being transferred to a different hospital.
• Expert Testimony: Medical opinion confirmed that appropriate care had not been provided during the initial hospital attendances.

In December 2024, the High Court approved a settlement of €40,000 plus full legal costs. The case was settled in recognition of the hospital’s failure to act promptly and appropriately.

Legal Significance

This case underscored:

• The risks associated with delayed diagnoses in young children.
• The importance of continuity and quality of care in emergency settings.

Gibson & Associates took the following steps:

• Conducted a full review of the child’s medical history and hospital visits.
• Engaged paediatric and ENT (Ear, Nose & Throat) experts to support the case.
• Issued legal proceedings in February 2023 and guided the family through the litigation process.

“This case highlights the vital importance of listening to parental concerns and acting quickly when young children present with serious symptoms. We’re proud to have supported this family in securing a fair outcome for what was a frightening and avoidable experience.”

Anna O’Donoghue, Solicitor, Gibson & Associates

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