Court dismisses medical negligence claim against hospital15/08/2012 - 18:27:50
The High Court has today dismissed a medical negligence claim brought on behalf of a child with profound physical and mental difficulties against the National Maternity Hospital.
Mark Duffy (aged 10 years) claimed he suffered severe brain injuries and loss of an eye as a result of alleged failures in his treatment for meningitis after his premature birth.
It was claimed the hospital should have suspected he had meningitis and should have carried out a lumbar puncture - the test to confirm or exclude meningitis.
The action seeking damages was brought through Mark's mother Linda, Glen Drive, The Park, Cabinteely, Co Dublin.
The hospital (NMH), with an address at Holles Street, Dublin, denied it failed to properly diagnose or treat Mark for meningitis, or that it failed to carry out a lumbar puncture in a proper manner or that it failed to appropriately monitor and treat him.
In a lengthy and detailed judgment, Mr Justice Sean Ryan dismissed the claim after holding that the evidence did not establish any failure of care or negligence by the hospital in its treatment of Mark.
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