Judge says hospital’s view that material is confidential is ‘a somewhat retrograde step to adopt’
The judges expressed surprise that, given recent legislation and policy, the hospital had sought to argue the statements given by staff as part of the inquiry should not be provided to the parents because they were given in confidence.
They were provided with documents concerning the care provided to Fiadh and his mother and in relation to protocols and guidelines in place in January 2019 for the management of identified complications in labour and delivery. In his decision, Mr Justice Twomey ruled against the parents, who are represented in their action by Jeremy Maher SC, instructed by solicitor Michael Boylan, and accepted the hospital’s arguements.The High Court found that the internal inquiry was conducted into the death in order to benefit future patients at the hospital, and to ensure that those who participated in the inquiry were as open as possible.
While a ground of privilege can be generally invoked as a right, confidentiality was “not a right, but something that can be taken into consideration in deciding a discovery application,” he said. “And most of all there is no evidence that those who engaged with the inquiry were given an assurance of confidentiality,” he said.‘Somewhat retrograde’
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