Consultant settles negligence action against hospital and two doctors

A management consultant who alleged negligence in his treatment for gall-bladder disease and failure to speedily diagnose that…

A management consultant who alleged negligence in his treatment for gall-bladder disease and failure to speedily diagnose that he was suffering from necrotising fasciitis (a flesh-eating bug) has settled his High Court action against Dublin's Mount Carmel Hospital and two doctors.

The proceedings by Mr Joseph O'Callaghan (61), South Park, Foxrock, Dublin, had opened on Tuesday and were expected to continue until the end of next week.

Following lengthy discussions between lawyers, however, Mr Justice Lavan was informed the case had been resolved and could be struck out.

Mr O'Callaghan sued Mount Carmel Hospital, Prof Arthur Tanner and Dr Mark Laher, all of Braemor Park, Churchtown, Dublin, for alleged negligence in failing to take any or adequate care for his safety and failing to treat him, whether adequately, or at all for gall-bladder disease.

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It was also claimed that there was a failure to diagnose that Mr O'Callaghan was suffering from necrotising fasciitis as soon as it was reasonably possible and a failure to treat that condition as soon as was reasonably possible.

The defendants denied negligence. It was pleaded by the hospital that, if Mr O'Callaghan did suffer any personal injuries, which was denied, they were caused or contributed to by his underlying physical condition and/or anatomy at the time of his admission for surgery.

Mr O'Callaghan claimed that on April 9th, 2000, he was admitted to the hospital for an elective cholecystectomy (keyhole surgery) to treat gall-bladder disease.

The next day, it was claimed, a laparoscopic cholecystectomy was attempted but not completed and the procedure was converted to open surgery.

Following the surgery, Mr O'Callaghan felt unwell, complaining of severe abdominal pain. There was swelling and discoloration on the right side of his abdomen.

He underwent a number of scans and and other treatment and was suffering from necrotising fasciitis, he claimed.

He was transferred to Tallaght Hospital and on May 3rd, 2000, had further surgery and later underwent other procedures.