$285,000 for man in patient-neglect case
A man who became severely ill after undergoing what he was informed would be a simple one day medical procedure has been awarded €285,000 in damages by the High Court.
Mr Martin Mullins, Sallybrook, Glanmire, Co Cork who dropped five stone in weight after developing pancreatitis, sued consultant Gastroenterologist Dr. William Stack, The Cork Clinic, Western Road,
Cork for negligence and their failure of duty arising out of his treatment of him on September 30th 1999
The defendant had denied the claims.
Mr Mullins, a self employed man in the carpentry business, said that Dr Stack performed an medical investigation called Endoscopic Retrograde CholanioPancreatography (ERCP), which is an x-ray examination of the bile ducts which is aided by a video endoscope, on Mr Mullins.
Mr Mullins said that he was told by Dr Stack that ERCP was a simple procedure. The procedure took place at the Bon Secours Hospital, Cork.
However directly after the procedure Mr Mullins was in pain and it was subsequently learned that he had acute pancreatitis.
As a result Mr Mullins had to remain in hospital, and by the time of his discharge in late October 1999 had lost five stone in weight.
Mr Mullins said he was ill on an ongoing basis, due to infections, and at times believed that he was going to die.
He had to hospitalised on several occasions and underwent a number of surgical procedures.
Mr Mullins had claimed that he was never properly warned about the dangers and had he known he would have never undergone the procedure.
He said that had he known about the risks he would not have undergone the ERCP. Mr Mullins said that he sought an explanation from Dr Stack as to what happened but was never given one.
In his judgment at the High Court today Mr Justice Vivian Lavan said that after careful consideration he found that the defendant had been negligent by failing to properly disclose to Mr Mullins the risks
involved in the procedure.
Mr Mullins, he added, was insufficiently informed to the extent that he could not have been in a position to give his consent.
The Judge said that the defendant was negligent by using a high risk procedure which had a low chance of success.
The Judge said that it was difficult to accept that in Mr Mullins' case that the procedure had any medical relevance.
The Judge said that while Mr Mullins will make a full recovery he was satisfied that the procedure and subsequent illness had caused him pain and suffering.
The Judge said that accepted that Mr Mullins' had suffered from a "horrendous" illness, and was "not the man he was" before he became sick.
Mr Justice Lavan said that he was awarding Mr Mullins a total of €285,715 for damages, future losses, medical expenses and future medical expenses.
The Judge also agreed to adjourn the issue of costs, in order to allow the defendant study his judgment.
