Widower wants to join hospital death case
THE husband of an American woman who died during surgery for an ectopic pregnancy is applying to join a High Court case concerning the decision of the Minister for Health to investigate her death.
The National Maternity Hospital has taken a case in which it is set to argue the Health Information and Quality Authority (Hiqa) probe into the death of Malak Thawley could undermine clinical and public confidence.
Richard Kean SC, for Alan Thawley, said yesterday he was making an application for his client to be part of the judicial review requested by the hospital.
It is understood Mr Thawley wants to be able to make submissions and to be kept informed of developments in the case.
Counsel for Health Minister Simon Harris said he would not become involved in the application. Judge Séamus Noonan said he would list the application to be heard on June 16. He noted that the full hearing of the case is scheduled for July 24.
And he ordered that the Minister must produce his legal papers to counter the hospital’s argument by Friday. The hospital had won leave from the court in January to have a judicial review. It complained yesterday that the Minister’s delay so far in responding to the case was ‘unsatisfactory’, and the judge agreed.
Mrs Thawley was six weeks’ pregnant when she had surgery for an ectopic pregnancy at Holles Street in Dublin on May 8, 2016.
Her husband was told the operation would take 30 minutes. But Mrs Thawley’s aorta was cut with a surgical instrument and she bled to death.
Mr Thawley’s lawyers told the High Court during his personal injuries action earlier this year that Mrs Thawley’s death was due to a ‘cascade of negligence’. The case was settled after an undisclosed amount of damages was paid to Mr Thawley.
The hospital then launched its judicial review of the Minister’s decision to investigate.
It said a Section 9 review under the Health Act would, without justification, undermine clinical and public confidence and could be counter-productive in its effect on national maternity services.
It said an alternative approach would be more productive and has suggested an international review.
It added that it had resorted to the courts ‘with regret’.