A 27-year-old man who was paralysed for two years after a failed operation to correct curvature of his spine has taken a claim for negligence against his surgeon.
Richard O'Callaghan from Deewood Avenue, Togher, Co Cork was 19 when he was told he would never walk again.
The High Court was told the operation had been planned for Our Lady's Hospital in Crumlin where specialist spinal cord monitors could have been used during the surgery.
However, because he was 19, it was not allowed and the surgery was carried out in the Blackrock Clinic, where there was no such equipment.
Mr O'Callaghan claims orthopaedic surgeon Frank Dowling was negligent in carrying out the surgery without specialist monitoring equipment and that he failed to ensure adequate post-operative care, leading to paralysis.
The surgeon denies the claims.
The court was told Mr O'Callaghan was informed that specialist equipment would be used to monitor spinal cord function during the surgery to assess the risk of paralysis.
However, when Crumlin hospital was not available because of his age, he alleges Mr Dowling reassured him it would be safe to proceed with the operation in Blackrock Clinic despite the absence of specialist equipment.
Instead, a "wake up test" was used during the surgery. The operation was unsuccessful as the teenager was paralysed.
The metal rods were removed and he regained sensation and movement in his legs.
However, in the days after that operation he was mobilised despite having had discs and ribs removed and being in great pain.
It is claimed his spine was weakened due to the surgery and the paralysis returned.
The surgeon had gone on holiday after the operation and, despite phone calls from concerned staff at Blackrock Clinic, he did not order an MRI or any specialist neurological assessment, the court heard.
Despite the concerns of a physiotherapist, he continued to instruct staff to mobilise the patient, the court was told.
It is claimed the paralysis would not have occurred or could have been minimised if the teenager had been assessed by specialist staff.
After the surgery his condition deteriorated with "appalling consequences", the court was told. It was a full 14 days before he had a neurological assessment.
He was then told he was paralysed and would never walk again.
However, after two years in rehab he managed to regain the use of his legs to the surprise of doctors.
In defence, Mr Dowling will say the paralysis was caused by reduced blood supply to the spinal cord, which is a recognised complication of this type of surgery.
The case is expected to last a number of weeks.
