A Dublin man has taken an action for damages over the failure to remove a needle from his abdomen during an operation at the Adelaide Hospital. He claims the needle remains in his abdominal area.
Mr Francis Cassin (32), an accounts manager, of Upper Dorset Street, Dublin, claims he suffered personal injury, anxiety, distress and depression after the needle was left in his abdominal area following a laparoscopic surgical procedure in January 1996 to ease gastric problems.
He has sued Mr David McCutcheon in his capacity as representative of the Adelaide and Meath Hospital, and Dr William Arthur Tanner, a consultant surgeon who performed the laparoscopic procedure.
The defendants deny breach of duty or negligence and plead contributory negligence by Mr Cassin. They admit a needle was left in the abdomen during the procedure but do not admit it is retained within his person.
They also plead that Mr Cassin was offered a procedure to remove the needle on the day after the operation, and again three weeks later, but failed to avail of those offers. If Mr Cassin suffered injury or distress, which is denied, they plead that was wholly caused or contributed to by his own negligence.
Opening the action in the High Court, Mr John Sweetman SC, for Mr Cassin, said his client came into the care of the defendants on January 23rd, 1996, and the procedure was carried out the next day.
Mr Sweetman said the operation was a success but a needle had been left in his client's body. The overwhelming medical opinion was that it should have been removed while Mr Cassin was under anaesthetic.
Mr Sweetman said Mr Cassin was anxious, depressed and afraid. This was manifesting itself in a post-traumatic stress disorder, restlessness, shouting in his sleep and waking a lot. There was a risk the needle would migrate into the organs and Mr Cassin was obsessed with fear that there would be a movement of the needle.
He said Mr Cassin had been to a psychiatrist who had recommended medication and counselling but Mr Cassin found that idea distressing and had declined it. He was prepared to undergo an operation if there was certainty about it.
The hearing continues.