Woman seeks damages for wrongful removal of womb

A woman told the High Court yesterday she was devastated and shocked when told the day after an operation in a Dublin maternity…

A woman told the High Court yesterday she was devastated and shocked when told the day after an operation in a Dublin maternity hospital that her womb had been removed. Ms Linda Gillick (37) claims her womb was removed without her agreement in the Rotunda Hospital two years ago. She has taken an action against a hospital consultant who has since died.

Ms Gillick, of Glenview, Stamullen Road, Gormanston, Co Meath, had brought an action against the hospital and the late Dr Ian Dalrymple, a consultant obstetrician/gynaecologist.

Before the hearing started yesterday, Mr Justice Quirke, by consent, struck out the action against the hospital. The hearing against the doctor is to proceed as if he were still alive. The judge is being asked to assess damages only: liability is not an issue in the action.

Mr Joseph Finnegan SC, for Ms Gillick, said she had had problems with a prolapsed womb and attended Dr Dalrymple. A decision was made, subject to confirmation, that she would have a repair procedure carried out. The alternative was a hysterectomy.

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Ms Gillick, a mother of three boys, was admitted to the hospital on January 19th, 1995, and resolved to have the repair procedure carried out. A principal factor in her decision was her anxiety to have the opportunity to give birth to a daughter.

Mr Finnegan said Ms Gillick appeared on a list as scheduled to have a hysterectomy the following day, but she corrected that. However, on January 20th, instead of having her womb repaired, it was removed. When Dr Dalrymple told her he had taken out her womb the effect on Ms Gillick was profound, counsel said. She entered into a deep depression and suffered shock.

Counsel said Dr Dalrymple, to his credit, had called to her every day and did his best to console her.

Ms Gillick, in evidence, said that on the morning after the operation Dr Dalrymple had told her he had a "confession" to make. He said he had taken out her womb.

The hearing continues.