AN engineer who claimed he lost part of his right index finger because a severe infection was not treated early enough with antibiotics has been awarded £20,000 by the High Court.
Mr Thomas Fitzpatrick (40) Beechlawns, Mullingar, Co Westmeath, took an action against the Midland Health Board, Mullingar General Hospital and Mr Amai G. Mina, a consultant surgeon, Mullingar, Co Westmeath.
Mr Fitzpatrick thought he pricked the finger on a rose bush and possibly contaminated the wound with faeces or such material while lifting a manhole during his work sometime in May 1989.
He was admitted to Mullingar General Hospital on May 3rd 1989, complaining of pain and swelling in his hand and redness up to his elbow.
Mr Justice Johnson yesterday found there would have been an improvement in Mr Fitzpatrick's condition had he had antibiotics when they ought to have been given.
When Mr Fitzpatrick was admitted he was treated for an infection which extended up his arm. He was placed on antibiotics and kept in hospital. On May 7th he was discharged with his finger in a satisfactory condition.
He returned to the hospital on May 16th and his finger was found to be severely infected. Mr Mina again operated, took a swab and sent it for culturing. At this stage, said Mr Justice Johnson, Mr Mina decided not to give Mr Fitzpatrick any antibiotics.
He continued to be treated in hospital. Antibiotics were eventually prescribed on May 23rd.
On May 24th Mr Fitzpatrick was again admitted to have his finger treated by Mr Mina who removed two millimetres of bone. Because Mr Mina was going on holidays he decided to transfer his patient to a Dublin surgeon who amputated part of his finger.
Mr Justice Johnson found Mr Fitzpatrick had not established a case that the defendants were negligent in failing to ensure that antibiotics were given on May 16th or 17th. But, he said, the antibiotics should have been given once the result of the swab test had been found.
The judge said the swab test should have been delivered on May 19th. It was, he said, negligent that the result was not communicated to Mr Mina or not acted upon until May 23rd.
Mr Justice Johnson accepted evidence given by a medical expert that there would probably have been an improvement in the final result of Mr Fitzpatrick's condition had he been given antibiotics by May 19th.
The judge said he was satisfied on the evidence of the medical expert that had the antibiotics been given on May 19th as they ought to have been, the finger, though still defective, would have been better than it was now.
On the balance of probabilities, an amputation would have been unnecessary.