Appeal dismissed in spinal surgery case
The Court of Appeal has fully dismissed the appeal of a doctor seeking to overturn a lower court decision that found him responsible for medical negligence during an endoscopic discectomy performed on 28 November 2007. The patient’s condition worsened after the first surgery, requiring an immediate second open laminectomy to prevent permanent paralysis.
Lower court findings upheld
The trial court ruled the second surgery was necessary and timely, and no responsibility was attributed to the doctor for that procedure. The doctor’s liability focused solely on the initial endoscopic discectomy, which was deemed both unnecessary and negligently performed.
Injury during initial surgery
During the first operation, the doctor injured the dural sac and its nerve roots, resulting in lower limb paralysis. The appellant argued the complication was unavoidable and partly due to the patient’s uncontrolled diabetes, but the Court of Appeal did not accept this defence.
Expert testimony decisive
The court relied on testimony from two specialist doctors, accepted as credible, while dismissing evidence from the appellant and the radiologist he called. The Court emphasised the principle that it does not easily overturn credibility findings unless clearly arbitrary or unreasonable.
Procedure deemed unnecessary
Medical experts confirmed that preoperative MRI scans from 2006 showed degenerative changes and minor disc protrusions, but no significant herniation requiring surgery. The court found the evidence reasonable and rejected claims that the surgery was mandatory or useful.
Patient consent does not absolve doctor
The appellant argued the patient had already decided to undergo surgery. The court clarified that a doctor’s duty to provide proper information is not negated by the patient’s decision. Any failure to inform did not affect the ultimate finding of negligence.
Appeal on costs rejected
The court also rejected the appeal against awarded costs for overseas medical visits, confirming they were necessary given the patient’s serious, irreversible condition. The lower court’s award of €4,500 plus VAT to the patient was upheld.
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