Dublin, Ireland Hospital Faces 1m Bill Over Transfusion Case

by AndersonsInfo 15 Replies latest watchtower medical

  • AndersonsInfo
    AndersonsInfo

    Ireland

    Coombe faces €1m bill over transfusion case

    Thursday, 8 May 2008 17:29

    The Coombe Women's Hospital is facing a bill of over €1m for costs over its successful High Court action in a recent blood transfusion case.
    The case centred on whether the hospital was entitled to administer a necessary blood transfusion to a female member of the Jehovah's Witnesses faith, against her wishes.

    In a landmark ruling last month, Ms Justice Mary Laffoy ruled the hospital had acted lawfully in getting a court order allowing it give the transfusion to the 24-year-old woman, who may be identified only as Ms K.

    The court also set out guidelines as to how hospitals, the courts and the State might address similar situations in the future.

    The case was before the judge again yesterday to decide issues of the multi-million euro costs of the 37-day hearing.

    The judge rejected applications by both the hospital and Ms K to have their costs paid by the State.

    She ruled the hospital and Ms K must each pay their own costs, estimated at sums of more than six figures in both cases.

    No basis for costs against the State

    The judge said there was no basis for awarding costs to the sides against the State.

    The Attorney General was a defendant in the case because issues relating to the Constitution were raised and was not a protagonist in the proceedings, she said.

    The judge said an application by the hospital for its costs of an earlier application by the Jehovah's Witnesses congregation, the Watch Tower Bible and Tract Society of Ireland, to be joined as a co-defendant to the proceedings should be decided by Mr Justice Frank Clarke who had refused that application in December 2006.

    Earlier, in seeking costs of the main action against the State, Mr Gerard Hogan SC, for the hospital, said it was not seeking costs against Ms K because she was a patient of the hospital and as such the Coombe felt it had a duty of care towards her.

    He was seeking costs against the State on grounds that this traumatic case had raised issues of public importance.

    Counsel for Ms K, Mr John Rogers SC, said this action was a unique case of obvious public importance and the State should bear the costs.

    Mr David Barniville SC, for the Attorney General, said his client strenuously objected to being saddled with the costs of the case.
    When the Attorney General learned that an application for costs against him was to be made, his response was shock and outrage.

    Counsel said the Attorney General was not a protagonist in the action, no relief against him was sought by the hospital or Ms K and the central issue in the case was Ms K's capacity, not a constitutional issue.

    Declaration issued last month

    In her judgment last month Ms Justice Laffoy granted a declaration that the hospital acted lawfully in sedating and tranfusing Ms K following the making of the 21 September High Court order to that effect.

    The case involved the first time an Irish court was asked to decide in what circumstances a court may make an order authorising medical treatment for a competent adult who has refused such treatment.

    The action arose after the hospital secured an emergency High Court order on 21 September 2006 permitting it to administer a blood transfusion to Ms K.

    The hospital got the order on an ex-parte basis (one side represented) after saying it feared the woman's life would be in danger were she not transfused.

    Ms K had earlier that day lost an estimated 80% of her blood while giving birth to her first child, a boy, but refused the transfusion because of her religious beliefs.

    The hospital argued it was entitled to seek the order and the court was entitled to grant it. Miss K rejected those claims, argued the order breached her rights, represented an assault on her person and also sought damages.

    Because Ms K had initially told the hospital she was Roman Catholic and misrepresented other matters, the situation in which she was transfused against her wishes was, unfortunately, 'of her own making'', the judge remarked in her decision.

    Story from RTÉ News:
    http://www.rte.ie/news/2008/0508/coombe.html

  • willyloman
    willyloman
    Because Ms K had initially told the hospital she was Roman Catholic and misrepresented other matters, the situation in which she was transfused against her wishes was, unfortunately, 'of her own making'', the judge remarked in her decision.

    Makes one wonder how many dubs check into hospitals "undercover" to avoid the prying eyes of the HLC boys who scan the hospital census sheets daily looking for dubs to visit.

  • Wordly Andre
    Wordly Andre

    That will teach Ms. Kingdumbhall a lesson and never give that hospital her business ever again.

  • rathfear
    rathfear

    Almost all maternity care is free in Ireland. And "Business" as such is based on Geography, usually the nearest Maternity Unit. As for getting different treatment in a different hospital, its all part of the same bureaucracy you'd either get the same treatment or die, so she could consider herself lucky!

  • Gayle
    Gayle

    So bottom line, the 'people', citizens, taxpayers pay as the JW woman won't be able to pay such costs,,and the hospital will have to pay their cost which ends up for the people to pay. The 'people' should be upset when JWs put these things to issue and to court. The JWs blood issue is costly, life-wise to JWs,,and money-wise to the 'people' who want to save them.

  • Rabbit
    Rabbit

    I don't know how the laws work, but, it seems to me the WTB&TS ought to foot the bill. They came up with this insane, deadly teaching.

    I HOPE Mrs. K's lawyer was JW INC. provided, that way a link exists. Another option is for Mrs. K...saddled with a 6 figure legal bill...turns around and SUES her Congregation AND the Watchtower !

    If this happens a few more times the WT might just get some real $,$$$,$$$,$$$ NewLight. "Jehovah told us last night, "Thou Shalt Have Blood Transfusions, if ya' need 'em!"

  • nelly136
  • Nathan Natas
    Nathan Natas

    From a reading of the Judges decision, it is clear that Ms. K. lied about her personal facts because she is an illegal immigrant in Ireland, having come in from Belgium under a forged passport. I am certainly glad to hear that Ireland is not going to pay her legal expenses, and I don't understand why the Hospital thinks Mr. Taxpayer should pick up the tab for the trial.

    ...but I thought the British trial system was "loser pays." Does the Hospital have to sue Ms. K to get relief?

  • M.J.
    M.J.

    Gayle, I know in at least one such incident I know of in the States, a medical bill resulting from "no blood" was $350,000 whereas it could have been under $50,000 otherwise...

  • Honesty
    Honesty
    Makes one wonder how many dubs check into hospitals "undercover" to avoid the prying eyes of the HLC boys who scan the hospital census sheets daily looking for dubs to visit.

    I was guilty of scanning hospital lists to find JW's.

    My PO and I would stop by the Information Desk, tell the Receptionist we were Ministers and ask for the names and room #'s of JW's.

    Then we would go up to 'visit' the JW patient...

    And read any Medical Charts we found in the room.

    We didn't give a rat's a$$ if the patient was awake or sleeping when we snooped because we were the undershepherds of Jah and had the authority to break Caesar's law.

    Now that I'm out of that satanic cult from hell, I actually visit sick people in area hospitals and pray for them instead of preying on them like I did when I was in the Lie.

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