Women win right to challenge their treatment delays in court
TWO Belfast women have won High Court permission to mount a legal challenge over hospital waiting lists.
May Kitchen and Eileen Wilson were granted leave to seek a full judicial review into an alleged failure by health authorities to provide medical treatment in a reasonable time.
Lawyers for the pair claimed there is no accountability for “distant and illusory” delays which have forced others to use life savings or take out loans to fund private treatment.
A judge ruled the women have established an arguable case that the situation is in breach of a legal duty and their human rights.
Retired nurse Mrs Kitchen (76) was diagnosed with cataracts five years ago.
Amid fears she would lose her sight, she was told that the waiting list for surgery was 42 months.
She eventually used medical insurance for private treatment, but insists that she should not be out of pocket due to her entitlement to free healthcare.
Ms Wilson (46) has been seeking an urgent consultation with a neurologist about her suspected multiple sclerosis since 2017.
In a case centred on alleged delays predating the pandemi c, legal action is being taken against the Department of Health as well as the Belfast and South Eastern Health and Social Care Trusts.
Counsel for both women, Ronan Lavery QC, insisted they were not seeking extraordinary or expensive experimental treatment.
He told the court: “These are necessary and very basic health requirements.”
The court heard that health trusts in England or Wales failing to meet a performance target are fined £2,500, but there is no sanction here whatsoever.
Lawyers for the public bodies argued that waiting lists were a political issue which should not be subjected to judicial scrutiny.
Ian Skelt QC, for the Department of Health, emphasised that it was striving to ensure patients receive the best possible care as quickly as possible.
“But it has to also grapple with the extremely difficult task of providing the best healthcare system it can in light of ongoing demands and the funding that is available,” he said.
Tony Mcgleenan QC, for the trusts, also claimed there was no legal right to scrutinise the position of individuals in the queue for treatment.
But Mr Justice Colton held: “I consider that the application does pass that test and leave should be granted.”