Physiotherapy left pain, man claims

A TRALEE man claimed in the High Court yesterday that after a successful heart by-pass operation, a physiotherapist at the Mater…

A TRALEE man claimed in the High Court yesterday that after a successful heart by-pass operation, a physiotherapist at the Mater Private Hospital gave him an excessive amount of exercises to do at home which left him with on-going pain in the chest.

Mr Noel Broderick (53), Clogherbrien, Tralee, is claiming negligence as a result of alleged prescribing of excessive exercise, damages and loss of earnings against the Mater Private Hospital, Dublin.

The hospital denies the claims, stating that instructions were given and the exercises were totally appropriate. The physiotherapist gave him an examination and tests.

Mr Gerald Tynan SC, for Mr Broderick, that if his client attempted any physical pressure or exertion he suffered severe chest pain. The evidence would be that the cause of this was the excessive amount of exercises prescribed to him by the physiotherapist.

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Mr Tynan said as a result of the condition, Mr Broderick's personal life, the physical side of his marriage, his social life and his ability to work had been ruined.

He said since 1981, his client had his own business in shoe repair in Tralee. Prior to these events, he was a very go-ahead, fit and dynamic man.

Towards the end of November 1988, he suffered heart trouble and had a triple by-pass operation carried out at the hospital. It was very successful. He had a slight complication in early December and another procedure was carried out successfully.

He was discharged on December 11th, 1988. He overcame general chest discomfort. After leaving hospital, he developed a severe pain in the right shoulder and arm. It was discovered that because of the operation there was some damage to a nerve in the area. No claim was being made over this. The advice was that the condition would decrease and solve itself and it did.

As a result of the investigation Mr Broderick was referred to a physiotherapist with the intention of assisting in easing his shoulder and arm. A set of exercises was advised by the physiotherapist and a list was given to him. He did them exactly in accordance with the sheet. As a result he developed a very serious and ongoing condition in the chest.

No physiotherapist of similar qualification or experience would have prescribed that amount of exercise. To do so was clearly not only unwise but was improper and negligent. He had no pain in the chest before starting the exercises.

It would appear to be a form of chronic sprain in the tissues of the chest and in the joints. All the medical advice would be that he has a chronic condition which could not be cured.

Mr Murray McGrath SC, for the Mater, said his client gave instructions and the exercises were totally appropriate. They had not made any allegation of contributory negligence. The hospital was not accepting any responsibility for any exercises that may have been done over and above those prescribed.

The exercises were required to be done at home and what exercises were done would be entirely without his client's knowledge so they could not allege negligence.

The case continues before Mr Justice Johnson.