Griffin v. Patton & Anor [2004] IESC 46 (27 July 2004)

Griffin v. Patton & Anor [2004] IESC 46 (27 July 2004)

The appellant was negligent in failing to carry out a sufficient visual check to ensure removal of all major bony structures during the evacuation procedure. The retention of a 5.5 cm bone was not excusable and constituted a breach of the standard of care expected of a competent gynaecologist. The failure to perform an ultrasound scan did not constitute negligence as it was not routine practice and there was no evidence to support its necessity in the circumstances.

Citation
[2004] IESC 46
Parties
Plaintiff/respondent: Fiona Griffin; First Named Defendant/appellant: Rachel Patton; Second Named Defendant: Tim Tyndale
Jurisdiction
Ireland
Judgment Date
27 July 2004
Procedural Posture
Appeal / Supreme Court Judgment on Liability Only
Outcome
Appeal dismissed in part; appellant found negligent in failing to properly check removal of foetal parts; no negligence for failure to perform ultrasound scan.
Legal Topics
Standard of Care in Surgical Procedures, Negligence in Medical Practice, Expert Evidence in Medical Negligence
Medical Negligence Tort Law Standard of Care in Surgical Procedures Negligence in Medical Practice Expert Evidence in Medical Negligence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Fiona Griffin

Plaintiff/respondent

Rachel Patton

First Named Defendant/appellant

Tim Tyndale

Second Named Defendant

Procedural Posture

Appeal / Supreme Court Judgment on Liability Only

Legal Issues

  1. 1 Whether the appellant was negligent in failing to properly check that all parts of the foetus were removed during a surgical evacuation procedure
  2. 2 Whether failure to perform an ultrasound scan constituted negligence

Ratio Decidendi

The appellant was negligent in failing to carry out a sufficient visual check to ensure removal of all major bony structures during the evacuation procedure. The retention of a 5.5 cm bone was not excusable and constituted a breach of the standard of care expected of a competent gynaecologist. The failure to perform an ultrasound scan did not constitute negligence as it was not routine practice and there was no evidence to support its necessity in the circumstances.

Court Disposition

Appeal dismissed in part; appellant found negligent in failing to properly check removal of foetal parts; no negligence for failure to perform ultrasound scan.

Orders

  • Appellant liable for negligence in surgical procedure
  • €100,000 damages and costs awarded to respondent