The Supreme Court has reserved judgment on an appeal by St James's Hospital, Dublin, against an award of £112,000 damages to the widow and family of a man who died at the hospital.
Mr James Wolfe (33), of Greenfort Crescent, Clondalkin, Dublin, died two days after being admitted to St James's in early November 1991.
His family claimed there had been a failure to diagnose that Mr Wolfe was suffering from a stomach tumour which, if discovered, would probably have been surgically cured.
The action was brought by Mrs Carol Wolfe (40) on her own behalf and on behalf of members of her family.
In a judgment in the High Court last November, Mr Justice Barr found there was negligence in the treatment of Mr Wolfe at the hospital in 1989 and again in 1991. He dismissed proceedings against a consultant. After judgment on the liability issue was given, the High Court was told damages had been agreed at £112,429 and judgment was given for that amount and costs.
Mr Wolfe served in the Army from 1977 to 1982 and later worked with Dublin Port and Docks Board before being made redundant in 1985. In the High Court Mr Justice Barr said a post-mortem had revealed the primary cause of his death was a phaeochromocytoma, a type of abdominal tumour which had not been diagnosed.
The net issue as to liability was whether, in light of the evidence, the condition ought to have been diagnosed while Mr Wolfe was under treatment at the hospital in March 1989 and/or April 1991 or at some other time which would have led to appropriate surgical intervention.
If so-called panic attacks had been investigated at the hospital, their history as it had emerged in evidence probably would have been ascertained and an abdominal problem would have been suspected as a likely or possible source, the judge said. This would have given rise to an abdominal investigation and the discovery of a previously unsuspected tumour.