A mother of three told a court yesterday she felt so guilty and dirty she could not even confide in her husband about being subjected to sexual innuendo and being touched inappropriately by a doctor when she worked as a temporary nurse in the neo-natal unit of Waterford Regional Hospital.
Mary Roche said on occasions Dr Amin Hibal rubbed against her, another time he caught her by the bottom and once, while she was handing him a file, he grabbed her breast, the court heard.
The incidents were recalled by Ms Roche, of Moyne, Grange, Co Waterford, at Waterford Civil Circuit Court in an action against the South Eastern Health Board for breach of contract and/or duty and for emotional suffering and nuisance mainly between Easter and July 2001.
Midway through its defence yesterday, the judge was informed of an out-of-court settlement. An order of costs in favour of Ms Roche was also granted.
Ms Roche told the court Dr Hibal would say to her: "Do you think it is in right. Is it good for you." She said Dr Hibal used innuendo when he was inserting tubes into babies, and used to say to her: "If I get it right can I get a kiss?"
Other times he used to come up behind her and put his arms around her, and there were occasions when she felt him rub against her. "You had to fight him off, and at least once I told him to leave me alone and go home to his wife," she told Judge Olive Buttimer.
She said things would settle down for about a week, but then he would start rubbing up against her again. Once when she was a member of the flying squad and was on her way out the door to go to Clonmel to pick up a very sick baby he grabbed her by the bottom. She shouted at him, and because of that Dr Hibal refused to speak to her for most of the journey.
On another occasion he grabbed her breast as she handed him a file. She shouted at him, and that day she broke down crying and told her husband what was happening.
Up to then, she said, she tried to work things out for herself. She was also afraid that if she made a complaint there would be no work for her because she was only in a temporary position. There might not be work either for her husband who also had a temporary job in the hospital.
With the support of her husband and a legal adviser, she initiated a complaint against Dr Hibal. An inquiry was conducted which was vigorously defended by the doctor who, Judge Buttimer was told yesterday, left the country when the inquiry ended.
Ms Roche said the incidents had a major impact on her life. She snapped at her children, and was so traumatised she has no recollections of major milestones such as the first steps taken by her youngest child.
She did not want her husband to come close to her, and he once left the home for a week and brought the children with him so that things could calm down.
The South Eastern Health Board outlined procedures which had been put in place to protect its employees in a range of areas from work practices to bullying.
Hazel Daniels, director of nursing at the hospital, said she only became aware of the complaint on July 10th, 2001, and she set up an independent inquiry. She offered her support to Ms Roche when she returned to work on August 14th. Ten days later Ms Roche left her job.