Case adjourned of woman suing over removal of her womb

The legal action by a Co Louth woman over the alleged wrongful removal of her womb following the birth of her first child has…

The legal action by a Co Louth woman over the alleged wrongful removal of her womb following the birth of her first child has been adjourned at the High Court until May 14th.

Evidence concluded yesterday in the action by Mrs Alison Gough (37), of Market House, Ardee, against her former consultant obstetrician and gynaecologist, Dr Michael Neary, and Our Lady of Lourdes Hospital, Drogheda.

Mr Justice Johnson adjourned the case to May 14th when a date will be fixed to hear legal submissions by lawyers for both sides.

In the meantime, the parties are to exchange written submissions. It is expected that, following submissions, judgment will be reserved.

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Mrs Gough claims that Dr Neary wrongly carried out a hysterectomy operation on her following the birth of her son by Caesarean Section in October, 1992. The hospital and Dr Neary deny negligence.

In court yesterday, a former chairman of the Institute of Irish Obstetricians and Gynaecologists, Dr Conor John Carr, gave evidence on behalf of Dr Neary.

Mr Charles Meenan SC, for Dr Neary and the hospital, said the medical notes indicated that Mrs Gough's baby was delivered after Caesarean Section at 1.44 a.m. and the placenta two minutes later. The hysterectomy operation ended at 3.10 a.m. The evidence was that operation took about 40 minutes which would indicate it began about 2.25 to 2.30 a.m.

Counsel said Dr Neary had noted a loss of 1500 to 1750 ml of blood.

Dr Carr said this had been a substantial haemorrhage in the time concerned - 30 to 40 minutes - and was a lot of blood to lose. Even more important than the amount of blood lost was the rate of blood loss.

Mr Meenan asked if Dr Carr believed Dr Neary was departing from acceptable obstetric standards by proceeding to a hysterectomy at 2.25 to 2.30 a.m.

Dr Carr said the key factor was the rate of blood loss and whether Dr Neary had succeeded or completely failed to slow the rate of blood loss.

If he failed, then Dr Neary had no other course open to him. That was purely dependent on the rate of loss at the time.

Cross-examining, Mr James Nugent SC, for Mrs Gough, asked whether Dr Carr's position was that he could not judge whether Dr Neary had or had not achieved correct medical standards on this occasion.

Dr Carr said he did not think anybody who was not in the operating theatre at the time could judge the rate of blood loss.