THE WIDOW of a man who died about a month after undergoing surgery for prostate cancer has secured €300,000 in settlement of her High Court action against a doctor who examined her husband after his discharge from hospital.
Anne McCarthy claimed Dr Nadir Sher failed to properly examine her husband David on May 1st, 2005, when, she said, he was complaining of being extremely unwell. She said Dr Sher should have sent him straight to hospital but had instead allegedly told him he was not medically unwell. Her husband died on May 4th, 2005, of a major arterial blockage due to a blood clot.
Mr McCarthy (56), a father of three, Chapel Street, Cloyne, Co Cork, underwent surgery for prostate cancer at the Mercy Hospital, Cork, on April 11th, 2005, and was discharged home on April 16th.
It was claimed Mr McCarthy became extremely unwell on May 1st, at the start of a bank holiday weekend, and that he was examined in his home by Dr Sher, a locum GP.
It was further alleged Dr Sher failed to properly examine, investigate or diagnose Mr McCarthy's condition and, in particular, the potentiality of his suffering from a deep-vein thrombosis/pulmonary embolism (blockage of an artery caused by a blood clot).
Dr Sher, it was alleged, had advised Mr McCarthy and his family that Mr McCarthy was not medically unwell and did not require any immediate medical attention but should attend his own GP after the weekend.
Three days later, on May 4th, Mr McCarthy suffered a massive fatal embolus, resulting in his death.
Ms McCarthy sued Dr Sher and another medical professional for damages for mental distress over the alleged wrongful death of her husband due to alleged negligence by Dr Sher.
Both defendants in separate defences denied the claims and the case against the other medical professional was struck out.
Dr John O'Mahony SC, for Ms McCarthy, told Mr Justice John Quirke yesterday that the action had been settled for €300,000. The settlement is against Dr Sher.
The judge expressed his sympathy to Ms McCarthy and her youngest son, Ross (24) over the loss of Mr McCarthy and said no money could compensate them.
In his defence, Dr Sher denied negligence and/or breach of duty. He said he had not carried out an examination of Mr McCarthy on May 1st, 2005, but had examined him on April 23rd. Dr Sher said Mr McCarthy complained of dizziness and difficulty mobilising and looked slightly anaemic but was not displaying any symptoms of pulmonary embolism on that date.
Dr Sher said he advised Mr McCarthy to see his GP the following day to have blood tests.