Widower plans medical negligence case
Praveen Halappanavar’s solicitor Gerard O’Donnell told the Irish Examiner the move is being actively considered in the aftermath of the report into the scandal.
Mr O’Donnell said the HSE clinical review was in-depth and underlined how Mr Halappanavar was right to raise concerns about his wife’s treatment at Galway University Hospital.
However, when asked where the case would go at this stage, Mr O’Donnell said the possibility of a major medical negligence case was on the cards.
“We considered it before and it is likely. That’s likely to happen sooner rather than later,” he said.
Should such a case be taken, the HSE and Galway University Hospital are likely to be the main defendants. Both have already apologised for what happened.
Mr O’Donnell said the review, which follows a coroner’s court verdict in April, has shone further light on the incident.
He welcomed the fact the chairman of the inquiry, Prof Sabaratnam Arulkumaran, concluded that Mrs Halappanavar should have been given a termination, saying it is an “appalling situation” when doctors “gamble with a life” by waiting for a pregnant woman’s health to deteriorate to dangerous levels.
Mr O’Donnell hit out over nobody being named or taking accountability for the death, and the fact it is unclear what implications there are for guidelines being breached.
“From my client’s point of view, he is satisfied it says there were guidelines that were breached, but why are there no sanctions? That [sanctions on certain staff] hasn’t arisen; when you breach guidelines you can’t just shrug your shoulders and say what of it.”
Meanwhile, Prof Fionnuala McAuliffe of the Institute of Obstetricians and Gynaecologists welcomed the report and said its members will work with officials to ensure all recommendations are implemented.
A similar response was made by the HSE and Galway University Hospital.
The conclusions of the review led to mixed messages between pro-choice and anti-abortion groups.
The Pro-Life Campaign group called for a “moment of reflection in the rush to judgment on this tragic case”.
Spokeswoman Dr Berry Kiely said the HSE report “highlights yet again that the key issues... were multiple failures to properly assess and monitor her condition which resulted in a tragic failure to recognise the very real risk to her life”.
The Abortion Rights Campaign said the death of Mrs Halappanavar was “confirmed by the HSE report to be directly linked to the existence of Article 40.3.3 of the Irish Constitution”. “We can’t allow again a foetal heartbeat to be put before a woman’s life. The eighth amendment to the Irish Constitution must now be repealed,” said spokeswoman Órlaith Reidy.
The HSE report has been referred to the Medical Council and the National Nursing and Midwifery Board of Ireland for consideration.
Savita arrives at Galway University Hospital and is told after tests that the pregnancy is not viable.
Savita is put on antibiotics to prevent against infection after her waters break and is told to “await events”.
She makes her first request for an abortion but is refused as a foetal heartbeat remains and her life is not believed to be at risk.
Her condition is not checked as she is sleeping early in the morning.
At 6.30am, more than two days after her waters broke, the 31-year-old is showing clear signs of sepsis. She is put on a stronger antibiotic.
At 8.30am, sepsis is diagnosed but severe sepsis — which she was suffering at this stage — is not.
Between 1pm and 4pm Savita deteriorates substantially. It is decided to carry out a termination of the foetus. However, the foetal heartbeat has stopped.
After passing the foetus, Savita is moved to the high dependency unit and that night is transferred to intensive care.
She is found to be suffering from E.coli ESBL, an infection that is resistant to the antibiotic she was first given.
Savita passes away from heart failure.
The story of what happened first breaks.
A draft version of the HSE clinical review report is leaked.
The inquest confirms many of the facts put forward by her grieving family including a catalogue of systems failures at Galway University Hospital.
The inquest returns a unanimous verdict of death by medical misadventure.
The outline of the Protection of Life during Pregnancy Bill 2013 is revealed. The legislation allows for abortion when there is a real and substantial threat to the life of a pregnant woman, including suicide.
The HSE starts to implement “system changes” recommended by the inquest verdict. These include the introduction of an early warning system and new protocols on septic shock.
The HSE clinical review finds a string of errors contributed to her tragic death.
Its chairman, Prof Sabaratnam Arulkumaran, says he is in favour of legislation to allow for abortions in cases like Savita’s.
On the same day as the report is published, the Government publishes its full Protection of Life abortion bill.
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