Elderly man beaten in unprovoked attack in hospital A&E settles High Court action
The unprovoked attack, which was witnessed by his unwell wife from her hospital trolley, changed the lives of Joseph and Patricia Hansard irretrievably, the High Court heard.
An elderly man was the victim of a grievous assault and beaten over the head with a piece of metal as he waited more than 10 hours with his injured wife in the A&E of Tallaght University Hospital, the High Court has heard.
The unprovoked attack, which was witnessed by his 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 A&E at about 9.15am on March 12, 2022, after Mrs Hansard suffered a fall at home and 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 until 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.
Counsel told the court the couple’s actions had been settled for a total of €450,000 against the hospital. The settlement is without an admission of liability.
Counsel said it was their case 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.
He 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, members 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”.
And 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, and after the attack their world was shattered — their father suffered severe cognitive decline and memory loss and was eventually diagnosed with Alzheimer’s, and 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 years, and his wife Patricia, who is now aged 87, had sued Tallaght University Hospital over the assault in the emergency department of the hospital on March 12, 2022.
It was claimed against Tallaght University Hospital there was an alleged failure to take any or any reasonable care to see Mr Hansard would be reasonably safe in using the premises as a visitor and there was an alleged failure to ensure he did not suffer personal injury or damage, assault , battery or trespass to the person by reason of any alleged dangers on the premises.
It was also contended there was an alleged failure to prevent Mr Hansard from being subjected to an unprovoked assault and he and other visitors had allegedly been exposed to risk of injury of which they knew or ought to have known.
The A&E department, it was claimed, had been allowed to remain in an alleged 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.
