THE manslaughter trial of a doctor charged with causing the death of a staff nurse at the Hospital is drawing to a close, with both sides summing up their evidence.

Crown Advocate Howard Sharp summed up the prosecution’s case in the trial of Dolores Moyano Ontiveros in the Royal Court yesterday. Defence Advocate Michael O’Connell will sum up his case to the Assize jury today with the jurors expected to consider their verdict on Tuesday following a summary of the evidence by
Commissioner Richard Tucker.

Dr Moyano is charged with causing the death of Elizabeth Rourke, who died following a routine gynaecological procedure known as a hysteroscopy. Mrs Rourke suffered a perforated womb and damage to a main vein – the common iliac vein – following the procedure. Advocate Sharp said that cutting this vein could lead to death. ‘Even with a top vascular specialist, death is a very real prospect,’ he said.

Advocate Sharp said that the four questions the jury needed to ask themselves were: Did Dr Moyano owe Mrs Rourke a duty of care? Did she breach that duty of care and expose Mrs Rourke to risk of death? Was that breach a cause of death? And was Dr Moyano’s conduct so bad in all circumstances that it amounted to a criminal act?

The summing up of the trial continues.

• Picture: Defence Advocate Michael O’Connell and Dr Dolores Moyano Ontiveros leave court