A hospital has apologised to the family of a man who died after surgery carried out by a surgeon who was under supervision after concerns had been raised about some of his work.
In its apology, read before the High Court on Thursday, University Hospital Galway acknowledged that the death of Shane Banks, from Strandhill in Sligo, could have been avoided.
The apology was read before Court after the family settled its damages claim against the HSE for an undisclosed sum.
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The 43-year-old university lecturer had surgery for treatable lung cancer on 21 June 2019 during which major complications arose.
He died three days later.
Senior Counsel Edward Walsh for Mr Banks’ family told the court that it was a "particularly distressing case" involving the untimely death of a man due to a "catalogue of medical errors".
He said the surgeon involved, Professor Mark Da Costa, had been the subject of a review carried out by the hospital in relation to his ability to undertake complex surgery.
Concerns had been raised in 2017 about his surgical skills and he had been appointed a mentor but without a proper structure.
A further review the following year resulted in a more formal mentorship programme being put in place for six months, which was subsequently extended by two months, during which time Mr Banks came under his care.
Professor Da Costa had been warned not to undertake any complicated surgery and was being supervised for his cardiac work. Mr Walsh said this supervision should have included his other surgeries, counsel said.
Counsel said the surgery was carried out when only junior doctors assisting.
It took twice as long as it should have and major complications arose causing an anaesthetist to independently call for assistance, counsel added.
Professor Da Costa went on leave the next day and there was no proper cover provided..
The inquest into Mr Banks' death last year found the cause of death was by medical misadventure..
In a letter to his family, University Hospital Galway General Manager Chris Kane acknowledged the enormity of the personal loss to the family.
It went on to say: "I sincerely and unreservedly apologise for the failure to consider the introduction of proper supports for the thoracic surgery in Shane's case and the deficits in the manner in which his surgery was carried out.
"If these had been in place and addressed, Shane's sad death three days later would likely have been avoided. I acknowledge and regret the great upset, distress and loss suffered as a result."
Outside court, Mr Banks' widow Ciara McDermott said Shane was the "love of my life" and the best definition of a father.
She said her children were only aged 2, 3 and 4 when he died and she would have to someday explain to them what had happened.
The family said in a statement that it was their "fervent wish" that the recommendations made following the inquest will be acted upon and that "the hospital and system generally will learn lessons and make meaningful the apology that they have offered".
"Significant questions still arise as to how management allowed the second surgery to proceed," the family said in a statement.
"Evidence was given at the inquest that doctors involved in Shane’s first surgery approached senior management and doctors expressing their concerns about Professor Mark Da Costa, but they were never acted upon."
The statement added that senior management gave evidence at the inquest to say that "contractually" they felt unable to stop the surgeon carrying out the full range of his functions.
"The family's view is that patient safety must always come first. In light of the proposals contained in the Patient Safety Bill and the proposals to introduce a full duty of candour to Irish healthcare law, they add their voices to those calling for greater openness and transparency.
"An open disclosure meeting took place soon after Shane’s death, but it was only in the run-up to and during the currency of the inquest, which took place three-and-a-half years after his death, that the full facts emerged."
The statement described Ms McDermott as "distraught about the failure of the hospital to prevent Shane’s second surgery from going ahead, and the failure to provide appropriate safeguards to protect members of the public and patients such as Shane".
"The family are also very upset at the drip feed of information that emerged from the hospital and that it took a long running inquest for the full truth to emerge."
Ms McDermott said: "The culture of silence around medical incidents left us in the dark until the inquest started. This has to stop.
"The coroner’s recommendations should be implemented in full. If a pilot was deemed unsafe to fly, he would not be put in charge of a risky flight. Why should different standards apply to doctor."
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