The High Court has reserved judgment on an action for damages by a woman arising from an operation performed on her by an obstetrician/gynaecologist to evacuate a dead foetus.
In closing submissions yesterday, Mr Patrick Hanratty SC, for the defendant, Dr Rachael Patton, told Mr Justice O'Donovan he had an unenviable task in deciding the case taken against his client by Ms Fiona Griffin who claims she was left with a 5.5 centimetre bone in her body after the operation.
Whatever the decision, somebody was going to be hurt, counsel said.
Mr Justice O'Donovan said two doctors had told him opposing things. "Am I entitled to choose one above the other?" he asked. Mr Hanratty replied: "With respect, you don't have any choice."
Ms Griffin (45), of Estuary Walk, Ballynoe, Cobh, Co Cork has sued Dr Patton, a consultant obstetrician at the Bon Secours Hospital in Cork alleging negligence by Dr Patton relating to an operation to evacuate Ms Griffin's 17-week-old dead foetus. The procedure was carried out in January 1998 after three weeks of failed attempts to induce labour after the foetus had died in the womb. On March 23rd 1998, Ms Griffin had a further surgical procedure to remove the 5.5 centimetre bone.
In his submissions, Mr Hanratty said it had been claimed a hysterotomy should have been carried out. It did not follow that Dr Patton fell below the requisite standards by selecting a different procedure.
Counsel said the standards in England may not be appropriate here as there are different circumstances applying there.
There had been an intrusion into the case of practices adopted in England, which were the termination of live abortions. The fact that Dr Patton did not have those particular skills could not constitute a finding that she fell below the requisite standards. He suggested the implication was that most of the gynaecologists in Ireland fell below acceptable standards.
Mr Henry Hickey SC, for Ms Griffin, said Dr Patton had stated she had missed the bone and had made an error in judgment. Dr Patton should have had an ultra sound scan carried out before Ms Griffin was discharged from hospital, counsel argued. If that had been done, the parties would not be in court. It was not enough for Dr Patton to say she had no doubt she had completed the operation, counsel added.
This was a matter where one entire limb was missed. In failing to detect that, the doctor had dropped below normal standards.