Dr Rachael Patton, an obstetrician/gynaecologist, had met the three necessary criteria when performing an operation to evacuate a dead foetus from a woman's womb, the High Court was told yesterday.
Mr Gerald Joseph Jarvis, a consultant obstetrician at St James's University Hospital, Leeds, was giving evidence in the continuing action taken by Ms Fiona Griffin of Estuary Walk, Ballynoe, Co Cork, against Dr Patton.
Ms Griffin claims part of her 17-week-old dead foetus was left within her following an operation carried out by Dr Patton in January 1998. Dr Patton denies negligence.
On the eighth day of the hearing yesterday, Mr Jarvis said the operation performed by Dr Patton passed the three tests laid down for such a procedure - she had looked at the tissue after it was delivered; she went through it visually, and she felt inside the uterus and was satisfied the foetus was completely removed.
He agreed under cross examination that Dr Patton's judgment was "erroneous" as regards leaving behind a 5.5 centimetre bone.
Asked by Mr Justice O'Donovan could the obstetrician not resort to an ultra-sound scan to check if there was any bone remaining, he said: "No."
The case continues on Tuesday.