A health board has lost its High Court bid to be indemnified by the estate of a late consultant against an award of damages.
The claim for damages has been made by the husband of a woman who allegedly sustained serious brain damage around the time of the delivery of her twin girls. Agnes Keane remained in a coma for 19 years until she died in 2002.
Mr Justice John Quirke ruled yesterday that the Western Health Board is not entitled to indemnity against the estate of the late Dr Fergus Meehan in proceedings brought by Mr Padraic Keane arising from the treatment of his wife Agnes at Galway Regional Hospital in 1983.
Dr Meehan, a consultant obstetrician who was allegedly responsible for Ms Keane's management and care during her pregnancy, died in 1991.
The proceedings were initially brought against the WHB and Dr Meehan's estate but the judge ruled last month that Mr Keane could not, in light of the Civil Liability Act 1961, sue Dr Meehan's estate.