Young footballer sues surgeon over 'misdiagnosis' of severe knee injury

A YOUNG Gaelic footballer from Co Galway who quit the game due to a knee injury suffered 10 years ago that has not healed, has…

A YOUNG Gaelic footballer from Co Galway who quit the game due to a knee injury suffered 10 years ago that has not healed, has claimed before the High Court the nature of his injury was initially misdiagnosed.

Anthony McHugh (20), The Valley, Tuam, has sued a consultant orthopaedic surgeon Michael O’Sullivan, c/o Merlin Park Hospital, Galway, over allegedly misdiagnosing the nature of a right knee injury suffered by him in July 2001 when aged 10. The claims are denied.

Dr O’Sullivan, while accepting Mr McHugh sustained a knee injury, denies negligence, breach of duty or that the level of the care fell below the accepted standard.

Opening the case, senior counsel Denis McCullough, for Mr McHugh, said his client, who is now a law student at NUI Galway, was taken to University College Hospital, Galway, with severe pain, after receiving an injury to his right knee while playing Gaelic football in July 2001.

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He was discharged from the accident emergency unit of that hospital after being X-rayed, but was in so much pain his father brought him to Merlin Park Hospital the following day, where he was seen, as a private patient, by Dr O’Sullivan, counsel said.

Mr McCullough said Dr O’Sullivan treated the injury but the pain never fully went away and it was his client’s case there was a failure to properly diagnose the exact nature of the injury and failure to properly treat it.

Counsel said the type of knee injury sustained was rare and more common in children but it was his client’s claim he had presented with classic signs of that injury.

While Mr McHugh tried to return to playing sports as normal, his knee continued to give him problems, counsel said. In 2005 his knee gave way and another consultant orthopaedic surgeon later diagnosed his condition and told him to give up contact sports.

Mr McHugh continues to have pain in his knee, cannot walk for long distances or do any physical work and will require future treatment on his knee, Mr McCullough said.

In evidence, Mr McHugh said, after being treated by Dr O’Sullivan, the doctor told him he could resume playing football and he did so.

He said he was unable to reach the level of playing or training achieved prior to the injury and gave up playing when he was 18.

Prior to the accident his ability was such that he was on teams with children who were a few years older than him, he said.

His father was a noted Gaelic footballer and he had a cousin who played senior football for Galway, but had to give up his own dream of playing for his county.

He added he wanted to join the Garda, but because of his knee would not be accepted. His golf was also affected and his handicap had gone from eight to 10.

The action before Ms Justice Mary Irvine continues.