A CHILD with spina bifida was left with his feet resting against a hot radiator in a children's hospital, a court has heard.
Judge Harvey Kenny was told that as a result of the incident four-year-old Patrick Michael Greene, of St Michael's Estate, Inchicore, Dublin, had to have a skin graft on the sole of his left foot.
Mr Martin Giblin SC, for Patrick who is now 11, told the Circuit Civil Court that Patrick, because of his medical condition, had to receive lengthy treatments as an in-patient at Our Lady's Hospital, Crumlin, Dublin.
In April 1990 his feet had been left resting against a hot radiator and he sustained burns.
Mr Giblin said liability was being vigorously disputed by the hospital which liked to encourage a degree of informality during visiting hours.
The hospital would be claiming that the incident happened as the result of a family visit when Patrick's bed was allegedly moved by members of his family to be closer to the radiator.
He said the hospital had, without admission of liability, made a settlement offer of £12,000 and he was recommending it to the court. Patrick's parents were also satisfied with the offer.
"Proving liability could be difficult," Mr Giblin said. "I am told by the defendants there are witnesses available who would say that on the occasion of a family visit Patrick's bed was seen to be moved a few feet to beside the radiator.
He felt if the offer was rejected and the matter went to trial a judge might have difficulty in stretching the hospital's duty of care in the given circumstances.
Mr Giblin said Patrick had suffered no pain either from the burning of his feet or as a result of the skin grafting.
Medical evidence handed into court revealed that as a result of his birth defect Patrick had no feeling in either lower limb.
Judge Kenny agreed there could be a risk in the matter of proving liability and approved the offer.