The family of a student who died of a brain bleed three days after she was brought to hospital believe a Medical Council hearing into a doctor alleged to have been negligent in her treatment “flagrantly denied their right to fair procedures”, a letter from the family’s solicitor states.
Nineteen-year-old Lisa Niland was admitted to Sligo University Hospital in January 2017 after collapsing in a fast-food restaurant with severe head pain and dizziness. She died three days later.
Her family made a complaint to the council in December 2020. Their complaint centred on the decision by Dr Fergal Hickey, the consultant on call at the hospital, not to order a CT scan for Niland immediately and to instead wait until the morning.
The preliminary proceedings committee (PPC) ruled, in a decision communicated to the family on May 10th last, that “there was no evidence of professional misconduct or poor professional performance on the part of Dr Fergal Hickey” and there would be “no further consideration of this complaint”.
Hotel executive and husband alleged to have misappropriated €597,000 claims employer owes her €1m
Sale of ‘very superior’ family home ordered in divorce case of ‘talented’ couple
Hundreds of Dublin homes at risk of damage after partial collapse of house into river
Restaurant review: A new gastropub on Dublin’s north side, without the usual cliches
The family sought permission to bring a judicial review against the council and its PPC over their complaint about the fairness of the investigation into her care.
Ms Justice Mary Rose Gearty on December 20th ruled there should be a new hearing by a council committee over a complaint from Niland’s family about the handling of the investigation.
However, Damien Tansey, the family’s solicitor, told The Irish Times they were seeking “confirmation of fundamental rights” before another council hearing is held; and if not the family “will go back before the High Court”.
In an affidavit to the High Court, Mr Tansey stated he contacted the council on behalf of the Niland family, seeking a fresh hearing of the complaint on July 3rd, 2024. However, according to his affidavit, “no substantive response” was received within the seven days indicated in his letter. Consequently, the family issued legal proceedings.
Mr Tansey’s affidavit said nothing further was heard until July 19th, a date which he said would have been outside the three-month window to issue such proceedings.
The family claimed the respondents did not accept submissions from them over alleged failures of care and did not consider a report prepared by the family’s medical expert, which Mr Tansey’s affidavit described as a “breach of fair procedures, natural and constitutional justice”.
Mr Tansey’s affidavit said the PPC acted “in breach of fair procedures and natural justice” in circumstances in which it did not disclose or permit the family to have sight of a number of submissions in relation to their complaint”.
There was also an allegation of objective bias about one member of the committee who had a professional relationship with the treating doctor.
In a letter dated 2021, included as an exhibit accompanying a supplementary affidavit from Mr Tansey, the doctor’s solicitor said it would be “grossly unfair” to have the complaint heard again and “would amount to an abuse of process”.
The family sought the quashing of the decision about the complaint they made to the committee. They also sought an order remitting the matter to a reconstituted committee for fresh consideration.
[ Coroner returns verdict of medical misadventure at inquest into death of studentOpens in new window ]
The council agreed to concede certain matters, including in relation to objective bias and having the case reconsidered by a different committee. It was also agreed that certain submissions could be made on behalf of the family before the new committee.
A separate High Court action by the family against the Health Service Executive and the hospital was settled nearly four years ago with an apology from the hospital.
Asked about the family’s concerns, a council spokeswoman said it “does not comment in relation to ongoing court proceedings and/or ongoing regulatory matters. We are therefore not in a position to comment on this matter.”
- Sign up for push alerts and have the best news, analysis and comment delivered directly to your phone
- Join The Irish Times on WhatsApp and stay up to date
- Listen to our Inside Politics podcast for the best political chat and analysis
