Pensioner assaulted while waiting in hospital settles case for €450,000
High Court reporters
A pensioner was the victim of a grievous assault and beaten over the head with a piece of metal as he waited for more than 10 hours with his injured wife in the emergency department of Tallaght University Hospital, the High Court has heard.
The unprovoked attack, which was witnessed by the man's unwell wife from her hospital trolley, changed the lives of Joseph and Patricia Hansard irretrievably, the High Court heard.
David Kennedy SC, with Declan Harmon BL instructed by Turner Solicitors, said it was an unfortunate and distressing case.
The couple had arrived at the hospital at about 9.15am on March 12th, 2022, after Mrs Hansard suffered a fall at home. They were still there shortly before 7pm when without warning Mr Hansard was subjected to an unprovoked attack by a man who had been earlier treated in an isolation unit and was on the way out.
The pensioner was repeatedly struck on the head with a piece of metal and it was claimed violently knocked to the ground.
Mr Kennedy told the court that the couple’s actions had been settled for a total of €450,000 against the hospital. The settlement is without an ission of liability.
He said it was their case that the man who had attacked Mr Hansard had been wandering around unsupervised and as he left the isolation area there was no security there at the time.
Mr Kennedy said the couple had been doing well in their home before the attack but afterwards Mr Hansard, who in the attack suffered a loss of consciousness and significant head lacerations, went into decline and was later diagnosed with Alzheimer’s disease. Both are now living in a nursing home.
Outside court, of the Hansard extended family in a statement said the assault which was captured on CCTV was only stopped by the intervention of nursing staff and the “horrific incident was entirely preventable.”
They called on the HSE and hospitals to take immediate actions to review and strengthen all hospital security.
“No family should endure what we have. Our parents deserved so much better; they were failed by Tallaght Hospital,’ the statement said.
The family said Patricia and Joseph were “a golden couple” who had been married 58 years. After the attack their world was shattered – their father suffered severe cognitive decline and memory loss and was eventually diagnosed with Alzheimer’s. Patricia’s Parkinson’s disease progressed rapidly to dementia.
“Unable to live independently, as a family we tried to care for them at home; sadly they now require full time nursing care.”
Joseph Hansard, who is now aged 82 and his wife Patricia, who is 87 years old, had sued Tallaght University Hospital over the assault in the emergency department of the hospital on March 12th, 2022.
It was claimed against Tallaght University Hospital that there was a failure to take any or any reasonable care to see that Mr Hansard would be reasonably safe in using the premises as a visitor, and there was a failure to ensure that he did not suffer personal injury or damage, assault, battery or tres to the person by reason of any alleged dangers on the premises.
It was also contended that there was a failure to prevent Mr Hansard from being subjected to an unprovoked assault and he and other visitors had alleged been exposed to risk of injury of which they knew or ought to have known.
The emergency department, it was claimed, had been allowed to remain in a dangerous condition such as could cause injury to those using the emergency department.
All of the claims were denied.
Mr Justice Paul Coffey, who approved the settlement, said it was a very sad and distressing case for the couple and their family and it had upended their lives .
