Woman loses action for damages over hysterectomy

A woman who sued for damages over a hysterectomy operation has lost her High Court action.

Mary McNicholas claimed she was in constant pain and missed out on key family events since she had the operation 10 years ago.

Ms McNicholas, a mother of two, of Cloonkedagh Road, Kiltimagh, Co Mayo, had sued Dr Andrea Hermann, who at the time of the operation in 2005, was a consultant gynaecologist practising at the Galway Clinic, Doughiska, Galway. The court heard Dr Hermann now works in Germany.

Mr Justice Anthony Barr found Ms Hermann did not depart from an appropriate standard of care when she advised Ms McNicholas in August 2005 she could undergo a total abdominal hysterectomy when it suited her later in that year.

In her action, Ms McNicholas alleged the pre-operative care given by Dr Hermann was deficient and she was not advised to lose weight before the operation. It was also claimed the use of a self retaining refractor during surgery caused damage to her femoral nerve and she suffered numbness in her left lower leg and severe pain.

The claims were denied and the defence contended the surgical technique of the hysterectomy operation was appropriate.

In his judgment, Mr Justice Barr said Ms McNicholas attended Dr Hermann for a second opinion in August 2005 after another doctor recommended Ms McNicholas lose a very significant amount of weight to get her BMI down before the operation and advised her to see a dietician.

When Ms McNicholas met Dr Hermann, she was still experiencing prolonged bleeding and symptoms which were having a serious adverse effect on her quality of life, the judge said.

In these circumstances, it was reasonable for Dr Hermann to conclude, due to her ongoing symptoms, Ms McNicholas was unlikely to be able to lose much weight, he said.

Mr Justice Barr said he was satisfied the approaches of both doctors were reasonable in the circumstances and there was an “honest difference of opinion” between them as to how best to treat Ms McNicholas.

He did not find Dr Hermann had departed from the appropriate standard of care in advising Ms McNicholas she could undergo the operation.

Expert witnesses for Ms McNicholas had contended the retractor used in the operation should be released a number of times during surgery to prevent nerve damage.

However, the defendant also called expert witnesses who said releasing the retractor during the operation would have delayed the procedure and placed the patient at greater risk from blood loss.

Mr Justice Barr said, while some surgeons may release the self retaining retractor periodically in the course of a benign hysterectomy operation, it was clear other surgeons do not do so.

The judge said he could not find, in failing to release the self retaining retractor, Dr Hermann departed from the standard which could be reasonably expected of a surgeon of skill and experience.

Dismissing the claim, the judge ruled Ms McNicholas had failed to establish negligence on the part of Dr Hermann in carrying out the operation.

Liability for costs, which ran for a number of weeks, will be decided later this month.