A retired Dublin surgeon who is being sued for alleged negligence was yesterday advised by a High Court judge to seek legal advice about a document copy in the surgeon's possession which purported to contain a change to notes of a hospital where he had practised.
Mr Vincent Lynch, who was attached to St Vincent's Hospital and the Blackrock Clinic, Dublin, had produced a photocopy document on Tuesday during a cross- examination of an English medical expert who was giving evidence on behalf of Ms Christine Carroll (45), a former patient of Mr Lynch.
Mr Lynch is being sued by Ms Carroll, a hospital administrator, of Brookfield Court, Brookfield Green, Dublin. She claims she was admitted to St Vincent's Hospital with a collapsed lung, that Mr Lynch carried out "keyhole surgery" on June 5th, 1996, and made an incorrect entry near her right nipple and punctured an artery, causing bleeding.
As a result, Mr Lynch had had to carry out chest surgery to stop the bleeding, and she had suffered pain on her right side since then, it is alleged. Mr Lynch denies Ms Carroll's claims.
Mr Lynch is conducting his own defence. During cross-examination of a medical witness giving evidence on behalf of Ms Carroll, a photocopy document was produced by Mr Lynch. Mr Denis McCullough SC, for Ms Carroll, said the document appeared to contained a change - a query mark - which was not on his copy.
Following an examination of the document in Mr Lynch's possession, Mr Justice Johnson said he would retain it. The judge directed the original hospital notes to be produced yesterday.
An employee of St Vincent's Hospital told the judge yesterday she had brought to court the hospital file and records relating to Ms Carroll and in particular the records relating to a surgical procedure carried out on her on June 5th, 1996. The witness said the surgeon's name was Mr Lynch.
In reply to Mr Justice Johnson, Mr Lynch said he had glanced at these documents and "the query" was not on them.
Mr Justice Johnson said: "You had better examine it. Mr Lynch, I don't think you should say anything without the benefit of legal advice."
The judge asked whether the document produced by the hospital was the original notes made on the day of Ms Carroll's operation. Mr Lynch said that was true.
The judge said the hospital documents did not appear to be the same as the copy document tendered by Mr Lynch on Tuesday.
The hearing continues today.