Child who had legs amputated after meningitis sues doctors

A Junior Cert student who had to have both her legs amputated below the knee after contracting meningitis when aged three has sued an out of hours family doctors service in relation to her care.

John O'Mahony SC, for Gemma Hayes, said her case was "enormously tragic and distressing".

Mr Justice Anthony Barr was told it related to the alleged misdiagnosis of septicaemia.

The Hayes’ side claim, had appropriate treatment been given to the child at the relevant time, she may not have suffered the devastating injuries she had.

Ms Hayes, of Du Jer Park, Ballinalough, Cork, has, through her mother Rachel Hayes, sued South West Doctors on Call Ltd, with offices at Call Centre, St Finians Hospital, Killarney, Co Kerry, and provider of the family doctor service known as South Doc, Kinsale Road, Cork.

Mr Justice Barr was told, while liability is not an issue in the case, causation is an issue between the sides.

In her action, Ms Hayes alleges failure to have the necessary skill to provide an appropriate and competent after hours medical service and failure to provide a service of the standard which it held itself out as providing.

It is also claimed there was a misdiagnosis of the child’s condition and failure to properly assess her rash in a proper manner including by using a glass.

When the case came before Mr Justice Barr on Tuesday, Charles Meenan SC, for the defence, asked that the matter be deferred for a day so that the amount of exact special damages being sought in the case could be provided to his side.

Mr O’Mahony said Ms Hayes is due to sit her Junior Cert in a few weeks time and it had been envisaged she will give evidence in the case after her mother. Counsel said the case is a significant ordeal for her.

The case was a very substantial one, including claims for loss of earnings and assisted technology, he said.

After talks, it was decided to defer the case until Wednesday when Rachel Hayes is expected to give evidence.