Court reserves judgment as carpenter claims doctor wrongly certified him

A CARPENTER asked the Supreme Court yesterday for permission to sue a doctor who, he claimed, wrongly certified him as mentally…

A CARPENTER asked the Supreme Court yesterday for permission to sue a doctor who, he claimed, wrongly certified him as mentally ill.

Mr James Bailey, of Ardcanaught, Castlemaine, Co Kerry, said he thought he had been discussing marital problems with the doctor.

He asked, to be allowed to institute Circuit Court proceedings against Dr Patrick, Gallagher, of Castleconway, Killorglin, for false imprisonment, negligence and defamation.

The Supreme Court reserved judgment.

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Mr Michael McMahon SC, for Mr Bailey, said the appeal was against, a decision of the High Court in 1990 refusing his client liberty under Section 260 of the Mental Treatment Act (1945) to sue Dr Gallagher.

Mr McMahon said that on April 18th, 1988, Ms Kathleen Bailey went to Dr Gallagher alleging she had a shoulder injury caused by her husband. Mr Bailey saw Dr Gallagher that afternoon, and two days later, when the doctor carried out a thyroid test.

Between April 18th and May 18th, Dr Gallagher had constant communication with Ms Bailey and spoke to members of her family. On May 12th he suggested both parties should see Mr Brendan Lynch, a consultant psychiatrist at St Finian's Hospital,

Mr McMahon said there was a dispute as to whether that consultation was to resolve marital problems or for psychiatric assessment. On May 18th, Dr Gallagher gave to Ms Bailey a certificate stating that her husband suffered from a mental illness, required suitable treatment lasting not more than six months and was unfit for treatment as a voluntary patient.

On May 21st, Mr Bailey was taken into custody by gardai, and held for a short time until his solicitor contacted Dr Gallagher, who telephoned the gardai. Mr Bailey was released on the understanding he would see Dr Patrick Melia, another psychiatrist at St Finian's. Dr Melia and Dr Joseph Arthurs, Tralee, claimed they could find nothing wrong in terms of mental illness.

Mr McMahon referred to an extraordinary letter written to Ms Bailey in February 1989, in which Dr Gallagher said: "I wish to tell you that I don't think Jim is `mad' or ever was mad and didn't have hypomania..."

Dr Gallagher, in an affidavit, said Mr Bailey had indicated that his family and social contacts classified him as "mad" and, to reassure him and ease his apparent agitation, he wrote the letter.

It was written for the purpose of pacifying Mr Bailey.

Mr Brian McGovern SC, for Dr Gallaher rejected the allegation that his client had failed to show reasonable care.

The thyroid test had been arranged by Dr Gallagher to exclude a possible cause for Mr Bailey's behaviour. Mr McGovern said the doctor saw Mr Bailey on a number of occasions between April 18th and May 21st, 1988.

Additional information led him to question the issuing of the certificate in the first place and decide not to proceed any further.

Dr Gallagher referred Mr Bailey to a consultant psychiatrist because he was concerned about his mental health. Such a referral was not only desirable but necessary in the circumstances.