The plaintiff alleged negligence against the defendants arising from her discharge from hospital with a hernia unresolved and her subsequent re-admittance to hospital on the day of discharge critically ill, causing her physical and mental injuries.
A note existed from a doctor, not called by the defendants, referring to the plaintiff suffering from a bowel obstruction, the content of the note being denied by the defendants.
Hanna J held that the note of the doctor not called in evidence was of relevance and the conduct of the defendants had been unsatisfactory. The plaintiff was discharged from hospital without adequate medical examination and without being informed of the existence of the hernia, which was negligent.
The absence of the note entailed that the hernia had been forgotten about, which was negligent. The plaintiff suffered psychological trauma and would be awarded €75,000 general damages.
H v St Vincent Hospital Trustees Ltd (respondent),
High Court, Mr Justice Hanna, 20/12/2006, 2001/12182/P