A former staff member at The National Maternity Hospital’s household staff gave a judge five different accounts of how she broke her thumb while moving an incubator, the Circuit Civil Court has heard.
The hospital’s barrister, Fiachra Breathnach, reminded now-retired Patricia McNevin she was “on oath” and said she has given “numerous inconsistent versions of what happened”.
Ms McNevin (67), of Cairnwood Avenue, Cookstown Road, Tallaght, sued the Holles Street, Dublin, hospital alleging negligence, breach of duty and a failure to provide a safe workplace.
The hospital denied her claims.
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Judge Fiona O’Sullivan dismissed her case and outlined several ways in which she could have avoided the crash. The judge said she failed to prove negligence on the part of her former employer.
Earlier Ms McNevin told the judge she suffered a deep, jagged-shaped laceration and fracture of her right thumb while wheeling a baby warming incubator through a door.
She told the court clamps were attached to both sides of the unit which added to its width, making it more difficult to navigate. She said she told a hospital manager, upon first seeing them, that they created an “crash waiting to happen”.
On the day of the incident, in July 2020, Ms McNevin said, she had to move the unit by herself as she was the only person available. If there had been two staff available, as on other occasions, then both would have assisted in moving it, she said.
Cross-examined by Mr Breathnach, she agreed that during her 28 years with the hospital, which had highly commended her for her competence and service, she would have moved such units on thousands of occasions although not always ones with wing clamps attached. She had not asked for help because no one was available.
She said the incident left her with reduced power, intermittent pain and difficulty in fully flexing her thumb joint.
Judge O’Sullivan agreed with Mr Breathnach that Ms McNevin gave different reasons for the cause of her injury. The judge agreed she failed to establish negligence on the part of her former employer.
The judge refused to award legal costs against Ms McNevin on the basis that she had been a long-term employee who suffered an injury at work. Although she did not succeed with her claim the court considered it had been an appropriate case to bring to court.
