Mother dies after 3 years’ detention in hospital

A MOTHER of two young children who was forcibly detained against her will in hospital for almost three years under a controversial, rarely used law has died.

The Irish Examiner understands the unnamed woman, who is from South Africa but had been living in this country for a number of years, died after a High Court bid to release her failed.

The woman had been held in isolation in a private room under the watch of a 24-hour security guard at the Mercy University Hospital in Cork city.

This was due to fears she had a virulent multi-drug resistant form of TB that could endanger the safety of the general population. When she refused to undergo tests to confirm this diagnosis in November 2007, hospital management physically restrained the woman — who had other health issues — under section 38 of the 1947 Health Act.

This law allows a person to be detained in hospital against their will if they have an infection which poses a threat to others.

However, it can only be acted upon with the express permission of the Department of Health’s chief medical officer and the health minister of the time.

It is understood that after repeatedly refusing to undergo tests to confirm the illness for two years, the woman agreed to be treated last year, leading to the Health Act move being lifted.

Just months later, and almost three years after her incarceration in an isolation unit at the public hospital began, she died.

The case, revealed by the Irish Examiner in autumn 2008, was the subject of a High Court hearing that December on the grounds the rarely used section of the 1947 Health Act was unconstitutional.

Her mother took a case against the HSE in December 2008, supported by her then solicitor Rachel O’Toole and senior counsel Marjorie Farrelly.

Judge John Edwards ruled in favour of the HSE on the grounds that the public’s right to safety overrules the individual’s right to liberty.

While it remains unclear exactly how much money the HSE spent on 24-hour security and a private room for the woman throughout the three-year period, a similar case in Galway has cost the taxpayer €1.43 million.

This information was obtained by the Irish Examiner under a Freedom of Information request sent in December 2008.

A HSE official admitted in March this year that the request had been lost, before providing the information earlier this month.

No patient is currently detained against their will anywhere in Ireland under this section of the 1947 Health Act.