Mother takes action against hospital over son’s birth

A FIVE-YEAR-OLD boy who is seriously mentally and physically disabled due to alleged negligence during his birth at the National Maternity Hospital has begun an action for damages in the High Court.

When Michelle Gilroy was in labour at the hospital at Holles Street, Dublin, she was never told that her son Paul Fitzpatrick was in foetal distress.

Nor was she told that a cutting procedure aimed at facilitating easier delivery — known as an episotomy — which she was offered but declined, was required to deliver him, her counsel Aongus Ó Brolchain SC said.

Paul, through his mother, Ms Gilroy, of St Catherine’s Close, Carman’s Hall, Dublin, is alleging negligence against the hospital in the circumstances of his birth there at 8.03am on December 26, 2001.

It is claimed that, had Paul been delivered some 20 minutes earlier, he would not have sustained serious injuries.

The NMH denies the claims and pleads that Ms Gilroy herself was guilty of negligence and had delayed delivery by not consenting to the episotomy and refusing to receive forceps assistance in the delivery.

The hospital also claims that Ms Gilroy delayed the progress of and/or management of the labour by not consenting to the delivery accelerant drug Oxytocin being administered until 4.30am on December 26, 2001 in circumstances where it was sought to administer it at 2.45am.

Opening the case yesterday, Justice Daniel Herbert was told by Mr Ó Brolchain that the word “distress” was not used when Ms Gilroy was told her baby needed to be delivered.

It appeared it was the policy of the hospital not to use that word.

Ms Gilroy was told the baby was tired and needed to be delivered, counsel said.

She was offered an episotomy but was not told that procedure was needed to deliver the baby. The child was in utter distress, but this was not conveyed to the mother, counsel said.

The case, which is expected to last more than five weeks, continues today.