Kearney -v- McQuillan & Anor [2012] IEHC 127 (23 March 2012)

Kearney -v- McQuillan & Anor [2012] IEHC 127 (23 March 2012)

There was no evidence of pelvic disproportion or any medical justification for symphysiotomy after caesarean section in the plaintiff's case. The operation was wholly unjustified in the circumstances prevailing in 1969. The defendant failed to establish any credible reason for the procedure. The plaintiff is entitled to damages for all injuries, including psychiatric injury arising from her 2002 discovery.

Citation
[2012] IEHC 127
Parties
Plaintiff: Olivia Kearney; First Defendant: Eithne McQuillan; Second Defendant: North Eastern Health Board
Jurisdiction
Ireland
Judgment Date
23 March 2012
Procedural Posture
Medical Negligence / High Court Judgment After Supreme Court Appeal on Preliminary Motion
Outcome
Judgment for the plaintiff
Legal Topics
Symphysiotomy, Standard of Care, Damages, Delay and Prejudice, Psychiatric Injury
Tort Law Medical Negligence Symphysiotomy Standard of Care Damages Delay and Prejudice Psychiatric Injury

Case Brief

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Parties

Olivia Kearney

Plaintiff

Eithne McQuillan

First Defendant

North Eastern Health Board

Second Defendant

Procedural Posture

Medical Negligence / High Court Judgment After Supreme Court Appeal on Preliminary Motion

Legal Issues

  1. 1 Whether the performance of a symphysiotomy on the plaintiff after caesarean section in 1969 was justified
  2. 2 Whether the defendant could establish any circumstances prevailing in 1969 justifying the procedure
  3. 3 Assessment of damages including psychiatric injury discovered in 2002

Ratio Decidendi

There was no evidence of pelvic disproportion or any medical justification for symphysiotomy after caesarean section in the plaintiff's case. The operation was wholly unjustified in the circumstances prevailing in 1969. The defendant failed to establish any credible reason for the procedure. The plaintiff is entitled to damages for all injuries, including psychiatric injury arising from her 2002 discovery.

Court Disposition

Judgment for the plaintiff

Orders

  • General damages in the past assessed at €300,000
  • General damages in the future assessed at €150,000