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No negligence in husband's death No negligence in husband's death
(about 17 hours later)
A widow has lost a medical negligence case she took against doctors who treated her husband in the weeks before his death in December 1999.A widow has lost a medical negligence case she took against doctors who treated her husband in the weeks before his death in December 1999.
A High Court judge dismissed all claims of improper care made by Bernie Magill over the treatment of her husband Brian during the final weeks of his life.A High Court judge dismissed all claims of improper care made by Bernie Magill over the treatment of her husband Brian during the final weeks of his life.
The ruling cleared the Royal Victoria and Belfast City Hospitals, the Ulster Independent Clinic, and their staff.The ruling cleared the Royal Victoria and Belfast City Hospitals, the Ulster Independent Clinic, and their staff.
Mrs Magill faces a legal bill thought to be hundreds of thousands of pounds.Mrs Magill faces a legal bill thought to be hundreds of thousands of pounds.
The university lecturer fought the 45-day trial without a lawyer. After the ruling, Mrs Magill said she planned to appeal both the judgement and costs order.The university lecturer fought the 45-day trial without a lawyer. After the ruling, Mrs Magill said she planned to appeal both the judgement and costs order.
Her inventory of complaint was seared through with thoroughly implausible allegations of fabrication, dissimulation and mendacity Mr Justice GillenHer inventory of complaint was seared through with thoroughly implausible allegations of fabrication, dissimulation and mendacity Mr Justice Gillen
Mr Magill, a 66-year-old retired bank manager, died at Belfast City Hospital shortly after Christmas 1999.Mr Magill, a 66-year-old retired bank manager, died at Belfast City Hospital shortly after Christmas 1999.
He had been transferred there from the Royal after first being admitted to the Ulster Independent Clinic.He had been transferred there from the Royal after first being admitted to the Ulster Independent Clinic.
Although a post-mortem report attributed his death to liver cancer, Mrs Magill blamed blood poisoning after a bile duct was perforated.Although a post-mortem report attributed his death to liver cancer, Mrs Magill blamed blood poisoning after a bile duct was perforated.
'Smouldering sense of injustice''Smouldering sense of injustice'
Rejecting each of her allegations, including a claim that a doctor went to strike her during a row, Mr Justice Gillen said: "She has become consumed by a smouldering sense of injustice over the years since his death which I am afraid is quite unjustified on the facts.Rejecting each of her allegations, including a claim that a doctor went to strike her during a row, Mr Justice Gillen said: "She has become consumed by a smouldering sense of injustice over the years since his death which I am afraid is quite unjustified on the facts.
"I have come to the melancholic conclusion that she has allowed this misplaced sense of injustice to overwhelm her judgment and create a false and dangerously selective recollection of events which, over time, she may even have come to believe in some instances actually happened, notwithstanding the inherent unlikelihood of so much that she asserted."I have come to the melancholic conclusion that she has allowed this misplaced sense of injustice to overwhelm her judgment and create a false and dangerously selective recollection of events which, over time, she may even have come to believe in some instances actually happened, notwithstanding the inherent unlikelihood of so much that she asserted.
"Her inventory of complaint was seared through with thoroughly implausible allegations of fabrication, dissimulation and mendacity."Her inventory of complaint was seared through with thoroughly implausible allegations of fabrication, dissimulation and mendacity.
"I regret to say that from time to time even the most implausible of propositions and allegations commended themselves to her where she felt they served her purposes, heedless of the stress that she has undoubtedly occasioned to those who felt the weight of her accusations.""I regret to say that from time to time even the most implausible of propositions and allegations commended themselves to her where she felt they served her purposes, heedless of the stress that she has undoubtedly occasioned to those who felt the weight of her accusations."
Today a cloud has been lifted from our family, and we are relieved Brian's memory can finally be left to rest in peace Elwin WardBrian Magill's son-in-lawToday a cloud has been lifted from our family, and we are relieved Brian's memory can finally be left to rest in peace Elwin WardBrian Magill's son-in-law
The judge said there was no evidence to suggest incompetent or negligent care.The judge said there was no evidence to suggest incompetent or negligent care.
He also found no basis for the claims made against doctors named as defendants, declaring that he became increasingly convinced as the case unfolded that it was Mrs Magill who lacked credibility.He also found no basis for the claims made against doctors named as defendants, declaring that he became increasingly convinced as the case unfolded that it was Mrs Magill who lacked credibility.
He dismissed her allegations of assault and false imprisonment made against Dr John Collins, a consultant in gastroenterology at the Royal.He dismissed her allegations of assault and false imprisonment made against Dr John Collins, a consultant in gastroenterology at the Royal.
Dr Collins is a "deeply reflective physician who has been profoundly wounded by the attacks on his integrity and professional expertise mounted and maintained by Mrs Magill over the last 10 years," the judge said.Dr Collins is a "deeply reflective physician who has been profoundly wounded by the attacks on his integrity and professional expertise mounted and maintained by Mrs Magill over the last 10 years," the judge said.
He said the defendants and their families had faced "with fortitude and dignity" the shadow of professional negligence hanging over them for years.He said the defendants and their families had faced "with fortitude and dignity" the shadow of professional negligence hanging over them for years.
Costs were also awarded to the defendants, despite submissions from Mrs Magill that serious issues of public interest had been involved and she would face severe hardship if forced to pay the opposition's legal bill.Costs were also awarded to the defendants, despite submissions from Mrs Magill that serious issues of public interest had been involved and she would face severe hardship if forced to pay the opposition's legal bill.
Outside the court, Mr Magill's family - who had not supported his second wife's case - expressed satisfaction at the outcome.Outside the court, Mr Magill's family - who had not supported his second wife's case - expressed satisfaction at the outcome.
Elwin Ward, the husband of Mr Magill's daughter Fiona, said they have never believed he suffered any negligence.Elwin Ward, the husband of Mr Magill's daughter Fiona, said they have never believed he suffered any negligence.
"We take comfort in the knowledge that Brian received qualified and sensitive medical attention right up until the time of his unfortunate death," he said."We take comfort in the knowledge that Brian received qualified and sensitive medical attention right up until the time of his unfortunate death," he said.
"Today a cloud has been lifted from our family, and we are relieved Brian's memory can finally be left to rest in peace.""Today a cloud has been lifted from our family, and we are relieved Brian's memory can finally be left to rest in peace."