Assuming he was present for the start of the delivery operation, an obstetrician, Dr Joseph Stanley, made an entirely appropriate response to an early-morning telephone call about a pregnant woman whose severely disabled child was born later that day in the National Maternity Hospital, the High Court was told yesterday.
A British consultant obstetrician, Dr Michael John Hare, was being cross-examined on the fifth day of an action taken by Blaise Gallagher (6), suing through his mother, Mrs Avril Gallagher, the National Maternity Hospital, Holles Street, Dublin, and Dr Stanley. The defence denies negligence in the circumstances of the child's birth.
Blaise was delivered by Caesarean section to Mrs Gallagher, Moneystown, Roundwood, Co Wicklow, at the hospital on April 27th, 1992, in the 29th week of pregnancy. The child suffers from cerebral palsy and is quadraplegic.
Dr Hare was questioned at length yesterday in relation to nursing notes from the time Mrs Gallagher was admitted to the hospital on April 25th, 1992.
Under cross-examination by Mr Murray McGrath SC, for Dr Stanley, Dr Hare was asked about a telephone call to Dr Stanley made at 5 a.m. on April 27th, 1992.
Counsel said it would appear the nurses did not consider Mrs Gallagher to be in labour. Dr Hare said Dr Stanley did not appear to have been told of the events which midwifery staff had been investigating for most of the night.
Mr McGrath said Dr Stanley told the nurses to get the anaesthetist, to set up the theatre immediately and prepare Mrs Gallagher for a Caesarean section, adding that he would come to the hospital immediately. Counsel asked if Dr Stanley's response to the phone call was entirely appropriate.
Dr Hare said it was, assuming Dr Stanley was going to be present for the start of the operation. Counsel said Dr Stanley was just 10 minutes from the hospital at that time. Dr Stanley would say he went to the hospital with maximum speed.
Earlier Mr McGrath said the proceedings were begun by writ of May 26th, 1994, and asked Dr Hare how long before that date he had furnished his report to the plaintiff's side. Dr Hare said he had not furnished a report before the issue of the writ.
He added that he was brought into the case in the early part of the middle of last year.
The hearing, before Mr Justice Quirke, is continuing.