DPP ponders prosecutions after death of elderly patient

THE Director of Public Prosecutions is to decide if criminal prosecutions should be brought against the medical authorities and staff at Cavan General Hospital following the death of an elderly patient in November 2003.

It was confirmed yesterday that gardaí have forwarded a file on their investigation into the death of retired schoolteacher, Rose Duke, at the hospital to the DPP in the last few days.

An official garda inquiry into the circumstances of Ms Duke’s death began after two reports by medical experts were highly critical of the treatment she received at Cavan General Hospital.

It is the second time in recent years that gardaí have conducted a formal investigation into the death of a patient at the hospital. The DPP previously decided that no prosecutions should follow the death of nine-year-old, Frances Sheridan, in 2004 from complications of surgery to remove her appendix.

Ms Duke of Earlsvale Place in Cavan town, died in the early hours of November 12, 2003 after being admitted three days earlier with complaints of chest and stomach pains as well as vomiting.

The 72-year-old widow was not operated on until November 11 for an incarcerated hernia which was linked to complications from a wound left by previous surgery.

Following concerns about patient welfare at Cavan General Hospital, Dr Finbar Lennon, the medical advisor of the then North East Health Board, carried out a review in 2004 of the treatment of 15 patients at the hospital, seven of whom died within a month of surgery, including Ms Duke.

A report by Dr Lennon criticised the lack of clear surgical leadership and the inadequacy of medical assessments at the hospital.

The HSE subsequently commissioned a report on Ms Duke’s death by UK medical expert, Professor Michael Keighley of Queen Elizabeth Hospital in Birmingham, which has not yet been formally published.

However, it is known that Professor Keighley concluded that Ms Duke “probably would not have died,” if she had been operated on sooner after being admitted to the hospital.

“Had conventional treatment been undertaken soon after admission following resuscitation, it is more likely than not that Ms Duke would have survived,” stated the report.

Professor Keighley also criticised the standard of care and poor keeping of records at the hospital.

An inquest into Ms Duke’s death was adjourned for the second time at Cavan Coroner’s Court last month at the request of gardaí.

Ms Duke’s relatives have also expressed concern about the failure to carry out a post-mortem on her body and asked why the hospital authorities failed to notify the coroner, Dr Mary Flanagan immediately about her death.

It is understood that Ms Duke’s family have also initiated a High Court action against the doctors who treated her as well as the Health Service Executive.