Obstetrician liable for €3.75m over 'inexplicable' delay in delivering child

A HIGH Court judge has ruled a consultant obstetrician is liable for some €3.75 million damages to be paid to a severely disabled teenage girl over brain injuries suffered during her hospital birth.

Mr Justice Iarfhlaith O’Neill yesterday found the severe injuries suffered by Nicole Hassett were caused by the “simply inexplicable” delay by Dr Raymond Howard in not delivering the child by 12.30am on November 15th, 1997, at St Joseph’s Maternity Hospital, Clonmel, Co Tipperary.

The child was delivered at 1am and the great bulk of her injuries probably arose in the half hour up to then, the judge found.

A trace of the infant’s heartbeat up to 11.42pm appeared to show “a picture of normality”.

It seemed she was relatively undamaged until at least 12.30am but suffered the great bulk of the brain damage due to being left in the rigours of intense labour until 1am, he said.

Dr Howard was in the hospital from 12.15am that day and knew what he had to do and where he had to be to do it, the judge said. There was “absolutely no apparent reason” why Dr Howard was not in theatre, ready to proceed, from 12.20am onwards, the judge found.

His failure in that regard breached his duty of care to the child and this breach was the proximate cause of the injuries.

The judge ruled the Health Service Executive was entitled to be indemnified by Dr Howard for a previously agreed settlement award of €3.75 million to Nicole.

Nicole, Cashel Road, Clonmel, who has cerebral palsy and is severely disabled, had, in proceedings brought through her mother Orla, alleged negligence in the circumstances of her birth.