September-16-2014 in Healthcare Law
In a recent High Court Judgment, Mr Justice Sean Ryan dismissed the claim of Ms Ciara Hamilton against the Health Service Executive, finding that there was no negligence on the part of the staff of Kerry General Hospital during the delivery of her son on 11 June 2011.
Ms Hamilton alleged that there was an inappropriate interference in the progress of her labour by the performance of an Artificial Rupture of Membranes (ARM).
Immediately following the procedure, the midwife noticed that the umbilical cord was in a position that was in danger of a cord prolapse which could lead to oxygen deprivation to the baby.
Upon noticing the prolapsed cord, the midwife raised an alarm and Ms Hamilton was rushed to theatre for an emergency caesarean section.
Ms Hamilton described the emergency as terrifying and claimed that the circumstances surrounding the birth of her son caused a post traumatic stress disorder and depression.
Following expert evidence from both sides, Mr Justice Ryan noted that there was a difference in opinion between the UK based experts and Irish experts, and commented that there was a significant difference in the role of the midwife between the two countries. Mr Justice Ryan found that it was appropriate and common practice in Ireland for a midwife to carry out ARM without consulting an obstetrician.
The Trial Judge found that it was reasonable for the midwife to seek reassurance as to the health of the baby by checking the foetal liquor for foetal distress and having checked the baby’s head position and noting that it was not mobile it was reasonable and appropriate to carry out ARM.
In dismissing Ms Hamilton’s claim for negligence, Mr Justice Ryan concluded that the cord prolapse was a rare but known consequence of ARM and that the midwife and hospital staff responded appropriately, leading to the delivery of a healthy baby boy.
The costs of the case were awarded to the HSE, meaning that Ms Hamilton is faced with both her own legal costs and those of the HSE.
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