Woman refusing to leave hospital after 719 days could be moved to another room, judge says

The High Court was told that the woman had been offered various supports including home help but had turned them down

The High Court judge also asked what was going to happen to her after she leaves hospital as he was told she lived alone and had no family support. File photo

An elderly woman who is refusing to leave a hospital after 719 days, even though doctors say she needs no further treatment, could be moved out of the private room she is in, to another room, a High Court judge has said.

The woman, who cannot be named by order of the court, is opposing a court application on behalf of the hospital for orders that she leave within 24 hours and be restrained from attending again pending further order, other than in a medical emergency.

Mr Justice Brian Cregan said there is no application by the woman seeking that the hospital not move her and he did not understand why she cannot be moved to another room. "That is an internal hospital management matter," he said.

Shane Murphy SC, on behalf of the hospital applicant, said the woman had made allegations of assault and he understood there had been a lot of correspondence between lawyers for the hospital and the woman's lawyers.

The judge also asked what was going to happen to her after she leaves hospital as he was told she lived alone and had no family support.

He said he would not make an order that she was trespassing but said common sense and compassion had to be brought to this matter. He asked the parties to reflect on that.

Mr Murphy said she had been offered various supports including home help but had turned them down. The judge asked if a step down facility could be investigated. Counsel sought an early hearing of the matter.

Nathan Reilly BL, for the woman, said his client has significant issues including bowel cancer, cardiac and a urological issue which led to her collapse and she believes she should remain in hospital.

Mr Reilly said her solicitor was seeking a six-week period to allow a medical expert to review her most up-to-date reports and to do that in a shorter time would be extremely challenging. The expert would be able to say whether she should remain in hospital, he said.

The judge said the application for time for an expert to examine the records seemed extraordinary as she was in a hospital and was surrounded by doctors. The court heard she does not accept what her treating doctor has said about discharging her.

Mr Justice Cregan said he would give the matter a hearing before Christmas and gave the woman's side three weeks to have an affidavit outlining their expert's opinion with the hospital side replying to that within a week.

He adjourned the case for a week in order to see if it might become moot by then.

Woman's claims

In the proceedings, it is alleged the woman has insisted she has multiple issues which have not been treated and is backed in her claims by her solicitors.

The regional clinic director of the hospital has sworn in an affidavit that she and her solicitor have been repeatedly told there is no legal entitlement under the Health Acts for anyone to determine the treatments he/she should receive or which doctors provide treatment.

The solicitor responded that the patient's charter makes it quite clear the opposite is the case as it states patients are "entitled to be involved in making informed decisions about care and treatment...." and have a right to seek a second opinion.