Surgical injury did not establish negligence without evidence of breach

The University Hospital Board of Management won a medical-negligence claim arising from surgery performed in 2013. The Supreme Court delivered judgment on 1 June after finding that the claimant had not established a breach of duty.

The patient had died before trial, and his estate proceeded using two expert reports admitted by agreement. The hospital’s witness accepted that an injury occurred during the operation; the disputed question was whether the care fell below the appropriate standard.

The reports described a recognised complication and supported the surgical approach and the prompt response to the injury. Neither supplied the missing conclusion that negligent treatment caused the injury relied on in the pleaded claim.

The court entered judgment for the hospital and awarded costs. The decision distinguishes an adverse medical outcome from proved negligence on the particular evidence; it does not rule that a recognised complication can never result from negligent care.

The report omits unnecessary clinical detail. The decision turned on the evidence admitted in this particular claim. Complete official judgment reviewed; subsequent appeals or treatment have not been checked.