A MECHANIC has lost a High Court action for damages over alleged negligence in the carrying out of operations to his left hand, including amputation of one of his fingers. He claimed his left hand was practically useless as a result.
John English (52), York Street, Dundalk, Louth, sued the North Eastern Health Board, representing Louth County Hospital, and general surgeon Ursula Mulcahy, alleging negligence in how she carried out two of three operations on his left hand.
He claimed he should have been referred to a specialist hand surgeon and that there was no explanation relating to any complications that might arise. He also claimed he was not given an explanation about the second operation – in which his little finger was amputated – sufficient for him to consent to such amputation.
The court heard Mr English suffered from “Dupuytren’s Contracture”, a condition which pulls fingers into a clenched position. He underwent an operation in June 1996 to correct the condition, followed by a second operation the following month in which the little finger on his left hand was amputated.
As a result of these operations, he claimed he had no grip for ordinary mechanical work, eventually became unable to work on a part-time basis, became depressed and took very heavily to drinking.
He underwent a further operation in April 1999 because the Dupuytren’s condition had started to develop in his left palm and his ring finger. He said the condition spread to his right hand and alleged this was a result of the third operation.
A specialist hand surgeon who examined him in 2006 gave evidence on his behalf that, if the first operation had been conducted correctly, the amputation of the finger would have been unnecessary. A consultant surgeon said reliable internet articles showed amputations ran at a rate of about 9 per cent.
Dismissing Mr English’s action, Mr Justice Peter Charleton said he was satisfied Ms Mulcahy was not negligent in cutting through nerves and tendons. He also ruled the subsequent amputation of the finger was warranted in the circumstances and was carried out carefully.
The judge said Mr English had obtained a reasonable result from all the operations and added he found it “hard to imagine” Mr English would return for a third operation to the same doctor within three years if there had been complaints about the first two.