HSE may discipline staff over choke death
Hannah Comber, 75, died at Heatherside Hospital, near Buttevant, County Cork in June 2006.
The diagnosed schizophrenic had been a long-stay patient at the hospital and was put in the restraining chair in a day room after she woke at night and became restless.
Four years on, after receiving a report from an independent investigation team, the HSE has issued a statement saying it has taken legal advice and that the matter is now being looked at under the terms of the policy of Disciplinary Procedure for Employees of the Health Service Executive 2007.
The HSE said there is a legal obligation to ensure due process for all concerned and to ensure that the matter is addressed appropriately in the context of its duty of care to patients, staff and the public.
The statement added that while it would be premature to make any further comment on the case at this stage, the HSE “remains fully committed to bringing a satisfactory conclusion to this matter in the interests of all concerned within the legal framework available”.
Under the terms of the Disciplinary Procedure for Employees of the Health Service Executive 2007, a member of staff could face anything from an oral warning up to suspension, or even dismissal.
At the inquest into Ms Comber’s death, assistant state pathologist Dr Margaret Bolster said the elderly patient had slipped down the chair, causing the buckle on the restraining belt to compress her neck. This caused her to die from choking.
A Garda investigation resulted in a file being sent to the Director of Public Prosecutions, who decided against charges.
The independent investigation team commenced their work in August 2006 and their findings were passed onto the HSE in the summer of 2009.
The inquest into Ms Comber’s death recorded a verdict of misadventure after hearing coroner Dr Michael Kennedy say there was no written policy in the hospital on the use of restraint chairs or for dealing with a sudden death.
The coroner subsequently contacted hospital management with recommendations to prevent such tragedies reoccurring.
The HSE has previously promised to publish the independent investigation team’s report “in the interests of her family, public confidence in their services, as well as openness and transparency”.
Labour Deputy Sean Sherlock said he wanted to ensure that the HSE fulfilled its previous promises to publish the independent investigation team’s report.