Rotunda refused to investigate complaint by mum whose baby died due to delay in lodging it

Ombudsman Ger Deering. The complaint about the Rotunda Hospital was just one of nearly 4,500 complaints about public services made to his office.

Dublin’s Rotunda Hospital refused to investigate a complaint against it by the mother of a baby who died shortly after being born there, because she had not lodged it in time, according to a report out today.

Details of the “unfair” refusal were given as an example of some of the most serious complaints received by the Office of the Ombudsman in 2023.

The hospital told the mother it was because the complaint had not been lodged within 12 months.

She and her partner had wanted to complain about the “poor experience” at the hospital during the birth.

The couple were unaware of the time limit, and explained that some of their concerns were about issues that occurred within the 12-month time scale.

According to the ombudsman, Ger Deering, they also explained that the period since the loss of their child had been very difficult for them both, and that it was difficult to pursue a complaint at the time.

Mr Deering noted there is a 12-month time period for making complaints about hospitals under the Health Act, 2024, but exceptions can be made in “special circumstances”. He said: 

The circumstances surrounding this case was a very understandable reason as to why this couple was not in a position to pursue their concerns with the hospital. 

After his involvement, the Rotunda agreed to accept the complaint.

It was one of nearly 4,500 complaints about public services made to his office.

In the report, Mr Deering said he has seen a 30% rise in the number of complaints to his office in recent years — from 3,418 in 2020, rising to 4,465 last year.

Of the latest round of complaints, he said 839 related to public bodies in the health and social care sector, compared to 790 in 2022, a 6% increase.

Another 674 complaints were about HSE services, 134 complaints were about Tusla, and 31 related to Section 38 and Section 39 bodies funded by, or providing services on behalf of, the HSE.

Complaints also included one related to an “outdated appointments system” in St Vincent’s University Hospital, Dublin.

This had led to the delayed diagnosis of a patient’s cancer and an important appointment for a transplant not being made. Mr Deering noted: 

During a routine appointment, an abnormality was noticed by staff in St Vincent’s University Hospital, Dublin, and it was decided to refer Marie — not her real name — to another unit in the hospital.

“On two occasions, printed referral letters went missing and Marie was not notified of her appointment.

“It was only after Marie raised her concerns with the hospital that she received an appointment some eight months later.

“The abnormality was discovered to be malignant.”

As a result of the complaint, the hospital implemented a new internal electronic referral system. It also apologised to Marie for the “failures and the difficulties” she encountered.