No damages for distress and anxiety in the absence of recognised psychiatric injury

Medical negligence – appeal of High Court dismissal of negligence claim – emergency subtotal colectomy because of serious deterioration of this condition – plaintiff developed a rare but well-established complication of this kind of surgery, namely a leak from the rectal stump causing a pelvic abscess and infection with resultant breakdown of the wound – whether the defendants were negligent in failing to inform the plaintiff fully and properly of the findings made in the course of the second surgical procedure, namely a leakage of the rectal stump which caused a pelvic abscess and wound infection – whether the defendants were negligent in failing to advise Mr. Hegarty adequately or properly about the significance in a clinical setting of the positive finding of MRSA from the pelvic swab – whether the hospital misled Mr. Hegarty into falsely believing that he continued to have MRSA – plaintiff does not allege any specific psychiatric injury or condition – the law on damages for psychiatric injury – recovery for psychological upset falling short of recognised psychiatric injury – whether the trial judge was entitled to come to the conclusion that the hospital gave Mr. Hegarty full and correct information about his condition and about the MRSA – trial judge was entitled to recall witnesses to have them answer questions regarding an alleged conversation that took place with a Doctor – judge was entitled to accept the evidence of the treating doctors that they fully and properly informed Mr. Hegarty of the course of his illness and treatment – judge was entitled to deal with counsel's failure to put Dr. Mayilone’s evidence about the conversation to the plaintiff's witnesses in the manner that she did – whether the judge was entitled to come to the conclusions that she reached – appeal dismissed.