Malak death probe will hurt confidence – maternity boss
RHONA Mahony believes confidence in the country’s maternity services could be undermined by a statutory inquiry into the National Maternity Hospital (NMH), ordered after the death of Malak Thawley.
The Master of the Holles Street hospital said the magnitude of the Health Information and Quality Authority (Hiqa) investigation and its “damaging impact” on the staff and services at the NMH cannot be overstated.
It would have a “significant de-motivating effect on staff working in the sector”, the High Court was told. It was the first day of the NMH’s challenge to the Minister for Health’s decision to order Hiqa to hold an inquiry under Section 9(2) of the 2007 Health Act.
The inquiry is to be into patient safety issues including the practice of surgery being done outside core hours and the readiness of hospitals to respond to major emergencies in such circumstances. It follows the death in
May 2016 of teacher Malak Thawley (34) at the NMH during surgical management of an ectopic pregnancy.
The minister denies the NMH claims that he is acting irrationally, disproportionately and outside his powers.
Paul Gallagher SC, for the Holles Street hospital, argued that his decision to order the inquiry was invalid because the minister must take into account any disproportionate effect of such an inquiry.
Mr Gallagher also said the minister, in promising a further external inquiry to widower Alan Thawley, had fettered the discretion he enjoys under the legislation permitting him to set up the inquiry. Reading an affidavit sworn by Dr Mahony, Mr Gallagher said the inquiry would be potentially counterproductive and lead to the undermining of public confidence in national maternity services.
By invoking a statutory inquiry, the minister was implying there was some deficiency in the hospital’s services giving rise to a serious risk of the health and welfare of patients, the court was told.
There had already been three inquiries or reviews which made no such conclusions.
The case continues before Mr Justice Charles Meenan.