Coroners Act Response to the Coronial Findings in the matter of Ms Irene Magriplis dated 21 September 2017
Tabled paper 426
Tabled papers for 13th Assembly 2016 - 2020; Tabled papers; ParliamentNT
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chart he would have immediately taken Mrs Magriplis back to the operating theatre. 125. When the nurse gave evidence on the first occasion (she was later recalled) she said she changed the drain because it was full and fluid immediately ran into the fresh drain. Mr Treacy's Counsel, Mr Miles Crawley, did not cross examine her about changing the drain or the 400ml entry in the Fluid Balance Sheet. 26 126. On 8 March 2017 Mr Treacy was led through his evidence-in-chief by his Counsel. Mr Treacy did not mention during that evidence that his previous statements were misleadin~ and incorrect or that he had discovered the notation on the Fluid Balance Sheet. 127. It was not until Counsel Assistin~ asked him specifically about the evidence of changing the drain that Mr Treacy told me that he hadn't seen the notation of the 400ml at the time and he believed if it was there he would have seen it. 128. In submissions Counsel Assisting criticised Mr Treacy for his failure to disclose such a crucial fact at an earlier point in time. 129. At the end of the submissions by Counsel for Mr Treacy I invited him to specifically address those criticisms. The following exchange took place: "CORONER: No, no, don't sit down. So as between the nurse and Dr Treacy in terms of credibility, what am I to make of Dr Treacy's responses in two affidavits and one long detailed letter no doubt on instructions to Mr Maher where at no stage until yesterday afternoon does he mention dramatically the liquid? MR CRAWLEY: Sir, Dr Treacy has explained what he did and why he did it. He's not sought to deflect the blame by saying someone didn't tell me something and had I known I would have done something different. That's essentially that situation. 26 Transcript pp.48-51
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