A CO CORK couple, who sued their local doctor for alleged medical negligence following the death of their 11 month old son yesterday settled their claim in the Circuit Civil Court.
Michael and Geraldine Keane Teague, of Leesdale Drive, Ballincollig, Co Cork, had sued Dr Edward Fitzgerald, Rosewood, Ballincollig. Dr FitzGerald had lodged a full defence and had denied liability.
After Mrs Keane Teague had given evidence there were brief talks in the case and her senior counsel, Mr Jim O'Driscoll, told the Circuit Court President, Mr Justice Frank Spain, the parties had reached agreement and the action could be struck out.
Opening the case Mr O'Driscoll, who appeared with Mr Tony Hunt, said Cormac Keane Teague had been born on November 29th, 1985. Almost a year later on November 8th he had taken ill and Dr Fitzgerald was called to the home, examined him and decided not to take any further action.
"The situation very clearly was that he should have been hospitalised. He was dead the following morning at nine o'clock," Mr O'Driscoll said.
He said the court would hear that on November 8th Cormac had symptoms which should have raised the suspicions of any medical practitioner - crying, listlessness, a high temperature, vomiting and dry retching and convulsions.
"Certainly in a case like this the child should have been hospitalised," Mr O'Driscoll said. "When Dr Fitzgerald arrived he was given a history and was told in particular about the convulsions and vomiting."
Mr O'Driscoll said the doctor had no bag or thermometer with him and had used a stethoscope to confirm the child's temperature. When the parents had asked him if the child should be hospitalised he had said no, that he would be grand in one or two days.
Before going to bed at 2.30 a.m. Mrs Keane Teague had checked Cormac who seemed to be asleep and all right. Mr Keane Teague had checked him about 5.30 a.m. and he too felt the child was all right.
"The medical evidence will be "that during all of that period the child was dying. He no longer had the strength to react as he had been reacting earlier. At nine o'clock the child was found dead," Mr O'Driscoll said.
He said there had been discovery in the case and no records of any kind could be found to have been kept by Dr Fitzgerald. It was quite amazing, if not staggering, to find a doctor had visited, diagnosed and treated a very ill child, that the following morning the child was dead, and nothing had been recorded in any shape, good bad or indifferent.
Mr O'Driscoll said that was the evidence that had been sworn on affidavit in the discovery process. A number of medical reports would suggest the child had died of meningitis although this would be difficult to establish with certainty because of the nature of the autopsy and general lack of details as to precisely what the position was.
He said the court would be satisfied Cormac had died of meningitis and most likely would have lived had he been taken to hospital when the doctor arrived and treated quickly.
"One thing this is not is sudden cot death, which happens to children between six weeks and eight months old. This child was 11 1/2 months old and the findings on the body afterwards of haemorrhaging and discoloration are not a feature of sudden cot death," Mr O'Driscoll said.
Mrs Keane Teague said Cormac vomited in his cot and after cleaning him she took him downstairs where he "empty retched" for some time.
"He was like a little doll. There was no movement. He became very hot and I sponged him down. He started shaking from head to toe. I knew he was having a convulsion. He had a second convulsion later," she said.
When Dr Fitzgerald arrived she had given him a history of Cormac's symptoms, including the two convulsions. The doctor, after examining Cormac, had told her husband Cormac did not need to go to hospital. He had a viral infection and he would be fine in the morning. He had told her to give him Panadol and to try to get him to take some liquids. He had told her to contact him next day if Cormac was not better.
Mrs Keane Teague said she thought the doctor did not believe her about the convulsions. Next morning her husband found Cormac dead. When she told Dr Fitzgerald he had said: "He can't be." She had said: "Well he is."
Mrs Keane Teague said the doctor had told them it was sudden cot death syndrome and if Cormac had not died then he would have died later anyway and nothing could have been done for him.
Cross examined by Mr Eugene Gleeson, counsel for Dr Fitzgerald, Mrs Keane Teague said she definitely had told the doctor Cormac had two convulsions. Mr Gleeson said Dr Fitzgerald would be stating she had not informed him of any history that would suggest or would be considered to be a convulsion.
When told agreement had been reached between the parties Mr Justice Spain sympathised with Mr and Mrs Keane Teague on their very harrowing experience and with Dr Fitzgerald for what must have been a very traumatic experience.