Elderly woman being treated in her home by an unqualified person, court told

Nurse had found the person carrying out procedures which have ‘no basis in medicine or nursing’

The home care situation of an elderly woman caused a public health nurse such concern she alerted the HSE which sought a High Court order for the woman's transfer to a nursing home.

The elderly woman was being treated in her home by an unqualified person whom the nurse had found carrying out procedures which, the president of the High Court said, have “no basis in medicine or nursing”.

Mr Justice Peter Kelly made an order last August for the elderly woman's move to a nursing home for reasons including to ensure her safety.

However, he was told on Monday the proposed move had caused the woman such “great distress” it has not yet happened.

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The woman was so distressed it was sought to sedate her to facilitate the transfer but her GP refused to sedate her and a district nurse also refused to co-operate with that, the court heard.

The woman acutely needs a cataract procedure and the view, supported by her niece, is the best approach now is to delay the nursing home transfer until she is admitted to hospital for that procedure.

The intent was to effect the nursing home transfer from hospital after the cataract procedure is complete, the judge was told.

While the woman urgently needed cataract treatment, that had yet to happen for reasons including, although she had been recently admitted to hospital for the procedure, that could not proceed for her and other patients because a machine had broken down, he heard.

The court was also told the public health nurse and others are keeping a “watchful eye” on the woman’s situation pending transfer.

Mr Justice Kelly said he had made the nursing home order because the evidence was her home conditions are “inimical to her good health”. He had expected the transfer would be effected in days, he added

The “substandard” home situation involved an unqualified woman going in and carrying out procedures with no basis in medicine and nursing, he said.

The judge said he needed medical evidence and would leave in place the orders authorising transfer to the nursing home and the sides could also apply to the court at any time.

The fact the woman has not been transferred is not in her best interests but she also clearly requires cataract surgery, he said.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times