The Chronicle

WIFE SUES OVER HUSBAND’S DEATH

St Vincent’s Hospital at centre of suit

- PETER HARDWICK peter.hardwick@thechronic­le.com.au

TOOWOOMBA woman Rosemary Birch lost the love of her life when her husband of 24 years Colin entered St Vincent’s Hospital for what was considered to be a simple hernia procedure.

Barely a week later he was dead from faecal peritoniti­s, the result of his bowel having been inadverten­tly perforated during the surgery.

She is now suing the hospital.

A GRIEVING widow is taking legal action against a Toowoomba hospital after her husband died at the hospital just prior to Christmas 2015.

Rosemary Birch’s husband, Colin, died in St Vincent’s Hospital on December 15, 2015, after going into hospital for a standard hernia repair a week earlier.

During surgery Mr Birch’s bowel was perforated, which was a recognised as a risk of the procedure.

However, that was not detected until after Mr Birch’s death.

Mr Birch, a respected scientist, died from faecal peritoniti­s.

Mrs Birch believes on the basis of evidence obtained by her lawyers, that her husband’s condition could have been diagnosed by clinical examinatio­n, performing appropriat­e

‘‘ SHORTLY BEFORE COLIN DIED AT THE HOSPITAL, HE LOOKED ME IN THE EYE AND ASKED IF HE COULD BE FLOWN TO A BRISBANE HOSPITAL. ROSEMARY BIRCH

blood tests and an earlier CT scan.

She believes that her husband’s life could have been saved.

Mrs Birch said the reason she was speaking out about her husband’s death was that she did not want another family to go through the grief and heartache her family had endured.

“If you have a friend or family member in hospital and you can see that they are not getting better, please get a second opinion or arrange to have them moved to another hospital urgently,” Mrs Birch said.

“Colin was discharged from the hospital on December 10, 2015, and I believe he was discharged prematurel­y.”

Mr Birch was taken back to St Vincent’s Hospital the next day with a swollen stomach and low blood pressure.

“When I took him back he was clearly unwell and his symptoms worsened, including his stomach which was becoming larger and redder by the day,” she said.

“Shortly before Colin died at the hospital, he looked me in the eye and asked if he could be flown to a Brisbane hospital.

“I only wish I had acted sooner and got him down to Brisbane.”

Mrs Birch has not been able to work since the death of her husband.

Her lawyer, Personal Injury Specialist Dean Spanner of Kennedy Spanner Lawyers, confirmed legal proceeding­s were under way and that Mrs Birch was seeking damages.

“The evidence we have to date indicates that this tragic outcome could have been avoided,” Mr Spanner said.

“Mrs Birch has lost her husband who was a respected scientist and Associate Professor in agricultur­al systems at the University of Southern Queensland.”

“This matter has been in the Coroner’s Office since January 2016 and we are still waiting on advice as to whether there will be an inquest.”

Mr Spanner has formally written to the Coroner requesting that an inquest be held as soon as possible.

St Vincent’s CEO Kathryn McKeefry said, “St Vincent’s Private Hospital Toowoomba extends its deep sympathies to the Birch family on the passing of Colin Birch.

“Because this matter is the subject of an ongoing coronial inquiry, we are unable to make further comment.”

 ?? Photo: Rose Hamilton-Barr ?? FIGHT FOR JUSTICE: A tragic end to the love story of Rosemary and Colin Birch.
Photo: Rose Hamilton-Barr FIGHT FOR JUSTICE: A tragic end to the love story of Rosemary and Colin Birch.
 ?? Photo: Bev Lacey ?? SEEKING JUSTICE: Rosemary Birch admits to being a different woman since the death of her husband and love of her life Colin in a Toowoomba hospital but she maintains the resolve to fight on for an inquest into the circumstan­ces of his death.
Photo: Bev Lacey SEEKING JUSTICE: Rosemary Birch admits to being a different woman since the death of her husband and love of her life Colin in a Toowoomba hospital but she maintains the resolve to fight on for an inquest into the circumstan­ces of his death.

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