A woman who claimed her womb was unnecessarily removed during an operation at University College Galway Hospital has lost her High Court claim for damages against a consultant obstetrician.
Mr Justice Barry White dismissed the action brought by Julia Shuit (52), a mother of two grown-up daughters, of Oakfield, Oughterard, Co Galway, against Dr Michael Mylotte, a consultant obstetrician-gynaecologist, over the hysterectomy carried out on March 1st, 1996.
In a reserved judgment, Mr Justice White said Ms Shuit had been referred to Dr Mylotte after a number of cervical smears were carried out on her.
Although neither a written nor a verbal report of a CT scan on Ms Shuit had referred to her having a tumour, Dr Mylotte, "for some inexplicable reason", formed the impression that the CT scan had in fact revealed a tumour and he had so informed Ms Shuit on the evening before her hysterectomy, the judge said.
In fact, Ms Shuit had had a smear test as far back as November 1986, a report of which stated "severe dyskarosis with viral changes" and also "suggest colposcopy and biopsy".
Ms Shuit, the judge said, was never made aware of the results of smear tests carried out before November 1995, and there was no follow-up, despite their "disquieting findings".
The judge said he had to determine whether Ms Shuit had proved that no obstetrician of like skill, acting with ordinary care, would have performed the hysterectomy. Ms Shuit had failed to satisfy him as to this. Rather, he was satisfied a number of reputable obstetricians would have done as Dr Mylotte did. He also accepted Dr Mylotte's evidence that his mistaken belief relating to the CT scan had not influenced his decision regarding the surgery.
