The widow and family of a man who died at St James's Hospital, Dublin, nine years ago were yesterday awarded High Court damages of more than £112,000 against the hospital. They had claimed it failed to diagnose that Mr James Wolfe had a stomach tumour which, if discovered, would probably have been cured surgically.
Mr Wolfe (33), of Greenfort Crescent, Quarryvale, Clondalkin, Dublin, died two days after being admitted to hospital in November 1991. The action against St James's and a consultant, Dr Michael Buckley, was taken by Mrs Carol Wolfe (40),on her own behalf and that of her three children.
In his reserved judgment yesterday, Mr Justice Barr found there was negligence in the treatment of Mr Wolfe at the hospital in 1989 and 1991. He dismissed the proceedings against Dr Buckley for lack of evidence.
The case returns to court in two weeks when the apportionment of the £112,429 damages to the family will be decided. After the judgment, an emotional Mrs Wolfe, who now lives in a local authority apartment in the city centre, declined to comment.
Mr Wolfe served in the Army from 1977 to 1982 and later worked as a labourer with Dublin Port and Docks Board until he was made redundant in 1985. Mr Justice Barr said that a post-mortem examination had shown that the primary cause of Mr Wolfe's death was an abdominal tumour which had not been diagnosed. It was not in dispute that Mr Wolfe was probably suffering from the tumour at all times material to the action.
The issues as to liability were whether, in light of the evidence, the tumour should have been discovered while Mr Wolfe was being treated at the hospital in March 1989 and/or in April 1991, or at some other time which would have led to appropriate surgical intervention to cure his condition.