AN action by a woman who sued the North Western Health Board following an operation in Sligo General Hospital was dismissed by the High Court yesterday.
Ms Patricia Smith (31), Church View, Ballyhaise, Co Cavan, claimed she suffered a serious bowel complication after an exploratory operation in January 1991. She was admitted as a patient suffering from abdominal pain, nausea and vomiting.
Ms Smith claimed a decision was made to perform a lower midline laparotomy (cutting of the abdominal wall) after she was examined. Contrary to that decision, an unnecessary extensive surgical incision measuring 10, inches was made in her abdomen.
She also claimed the operation resulted in the development of an intestinal obstruction and a gangrenous bowel which required emergency surgery in May 1992.
The North Western Health Board denied the claim. It denied that an unnecessary extensive surgical incision was made. The board submitted that in seeking to safeguard Ms Smith from foreseeable contingencies, it was reasonable for the surgeon involved to extend the procedure beyond that which was envisaged.
Mr Justice Moriarty said it seemed on the probabilities that Ms Smith's case, on the central issue of negligence, must fail. He accepted that the competence of the surgeon was undoubted.
He had carried out his investigation and found nothing amiss. He had acted on foot of a bonafide and professionally accepted view that an upwards investigation was necessary. The hearing lasted four days but the judge, in allowing costs to the health board, limited them to one day.