High Court dismisses Cork patient's medical-negligence claim

The High Court has dismissed a Cork man's medical negligence claim against a surgeon and the hospital arising out of his treatment for kidney and bladder complaints.

In his judgement today Mr Justice John Quirke said that Denis O'Leary (aged 45) had not established that he had suffered significant and unnecessary pain, suffering, distress due to alleged negligence by the defendants.

Mr O'Leary (aged 45), Harbour View Road, Knocknaheeney, Cork, sued the Mercy University Hospital in Cork and temporary consultant urologist, Dr Khalid M Ali Chiad Al-Safi, who denied the claims.

Mr O'Leary claimed that due to the alleged negligence his left kidney deteriorated, and became non-functioning between January and August 2002 while he was undergoing anti-TB therapy.

He also claimed that a reconstruction surgery performed on his bladder, known as augmentation cystoplasty, was performed on him without his consent because Dr Khalid M Ali Chiad Al-Safi failed to disclose all the known risks involved.

Dr Al-Safi, it was further claimed, had also negligently subjected Mr O'Leary to the reconstruction surgery in May 2006.

This it was alleged was because the doctor was insufficiently qualified and experienced to treat Mr O'Leary's condition.

It was alleged, as a result of the surgery, Mr O'Leary lost the function of his left kidney and may require surgery to have it removed. Mr O'Leary claimed that he is in pain every time he goes to the toilet and has to go to the bathroom frequently.

The defence admitted his left kidney was not stented during tuberculosis therapy but deny this failure was in any way negligent or in breach of duty.

In his judgment Mr Justice Quirke said he was not satisfied that on the evidence before him that Mr O'Leary had established that Dr Al-Safi failed to advise him on all the known facts and risks associated with the surgery.

He said that he believed the doctor's account of the warnings he gave to the defendant in respect to the risks, and had explain the nature of and the need for the surgery. The judge said that he did not accept Mr O'Leary's claims that the doctor had told him that the chances of successful surgery were 100%.

The judge added that he was also satisfied that Dr Al-Safi had all the qualifications and training required for the management and treatment of Mr O'Leary's condition.

The judge also rejected the claims that Dr Al-Safi's decision that Mr O'Leary should undergo augmentation cystoplasty was inappropriate. The court could not find or infer that Dr Al-Safi had at any point deviated from proper medical practice.

The evidence also "fell far short" from which the court could find that the doctor had failed to act reasonably in respect of his management and treatment of Mr O'Leary's condition.

The judge also held that from the evidence that as a matter of probability there was no recoverable function in Mr O'Leary's left kidney when he attended the Mercy Hospital in Cork on January 2, 2002 prior to when he was undergoing anti-TB therapy.