Woman loses damages case over hysterectomy op

A woman who claimed she has difficulty walking after a hysterectomy operation almost 10 years ago has lost her High Court action for damages.

Mary McNicholas, a mother of two from Cloonkedagh Rd, Kiltimagh, Mayo, had told the High Court she was in constant pain and has missed out on key family events since she had the operation.

Ms McNicholas had sued Andrea Hermann, who was a consultant gynaecologist practising at the Galway Clinic, Doughiska, at the time. The court heard Ms Hermann now works in Germany.

Mr Justice Anthony Barr found that Ms Hermann did not depart from an appropriate standard of care when she advised Ms McNicholas in August 2005 that she could undergo a total abdominal hysterectomy when it suited her later that year.

Ms McNicholas had alleged that the pre-operative care given by Dr Hermann was deficient. Ms McNicholas claimed that Dr Hermann did not advise her to lose weight before the operation.

It was claimed the use of a self-retaining refractor during surgery caused damage to her femoral nerve and that she suffered numbness in her left lower leg and severe pain.

The claims were denied and the defence contended the surgical technique of the hysterectomy operation was appropriate.

Dismissing the case, Mr Justice Barr said he was satisfied Ms McNicholas had failed to establish negligence on the part of Dr Hermann in carrying out the operation.

Costs of the case will be decided at a later stage.