Kilarney woman who lost 1.5 litres of blood during birth loses action against Kerry Hospital

A 48 year old woman who sued after losing almost 1.5 litres of blood after the birth of her baby at Kerry General Hospital has lost her High Court action.

Anne Marie Clifford had claimed there was an alleged delay of 36 minutes in getting her to theatre when she started to bleed after the birth of her daughter seven years ago.

Who will now pay the substantial costs of the six day High Court hearing will be decided next week.

Anne Marie Clifford from Killarney, Co Kerry had sued the HSE and Kerry General Hospital claiming they had allegedly failed in their duty to take sufficient steps to stop her haemorrhage in time and she was traumatised by the incident. The claims were denied.

Dismissing Ms Clifford’s action, Mr Justice Kevin Cross said he could not conclude that the HSE or hospital were in any way negligent in not referring Ms Clifford to theatre sooner.

The judge said there was no criticism from Ms Clifford in relation to the events leading up to the birth of her daughter in 2012 or events later at the operation theatre. Mr Justice Cross said the criticism was in relation to an alleged 36 minute delay in sending Ms Clifford to theatre after her daughter’s birth when the bleeding was identified.

The judge said he accepted Ms Clifford was a completely genuine witness who gave her evidence truthfully. Any inconsistencies the judge said are fully explicable by the fact that Ms Clifford is clearly traumatised by recollection of the incidents herself.

The judge said he accepted the expert evidence put forward by the HSE and the hospital that they followed the approved practice of a regional hospital at the time.

Mr Justice Cross said he also accepted the expert evidence that while reactions of the hospital were not as rapid as would occur in a major maternity unit, they still were not unacceptable.

The judge said he believed it is likely that had Ms Clifford been taken to theatre 36 minutes earlier, she would still have lost a significant quantity of blood, over one litre. The repair, he said would have taken a considerable time in theatre and accordingly she is likely to have been in a dangerous position and to have suffered as a result some psychological damage.

“I believe had the matter been dealt with sooner Ms Clifford clearly would have suffered less of a blood loss and probably less psychiatric trauma, however that is speculation and it is, given my findings on liability, ultimately unnecessary speculation, “ the judge concluded.