The Supreme Court yesterday reserved judgment in an appeal brought by a gynaecologist against a finding of negligence by the High Court last year.
The court found she was negligent in performing an operation where a woman was left with a 5.5 centimetre bone in her uterus more than a month after an operation to evacuate a 17-week-old dead foetus and awarded her €100,000.
Mrs Fiona Griffin (45) Estuary Walk, Ballynoe, Cobh, Co Cork, won her High Court action against Dr Rachel Patton, an obstetrician gynaecologist at the Bon Secours Hospital, Cork.
In her defence, Dr Patton said she believed that at the end of the operation to evacuate the foetus she had completely removed it. She had not seen a hysterotomy operation as a feasible option at the time because Mrs Griffin wanted another baby. One expert medical witness called on her behalf said he would have carried out exactly the same operation.
Yesterday, Mr Patrick Hanratty SC, for Dr Patton, submitted the High Court trial judge failed to resolve whether Dr Patton failed in her duty of care to Mrs Griffin. She has asked the Supreme Court to set aside the judgment of the High Court or to direct a retrial of the action. The Supreme Court reserved judgment.