Health Minister will not appeal ruling on Malak Thawley death

THE Minister for Health will not be appealing a High Court judgment which ruled he was wrong to order a high level Hiqa investigation into the death of Malak Thawley during childbirth.

Judge Charles Meenan has been told by counsel for the National Maternity Hospital that Minister Simon Harris has agreed to pay all the hospital’s legal costs, which could run into six figures.

Last month, Holles Street won its challenge to the minister’s decision to order a Health Information and Quality Authority investigation into the death of the 34-year-old in May 2016, during surgery for an ectopic pregnancy.

The hospital argued that three inquiries had already been carried out – by the hospital itself, by the HSE and by the coroner. It said recommendations from those had already been implemented.

But it said a Hiqa investigation would have major consequences for patients, staff and public confidence.

Her husband, Alan Thawley, reacted angrily to the judgment, claiming it was ‘shameful’ that the hospital went to the High Court to block a Governmentapproved investigation.

Yesterday, court orders were finalised quashing the minister’s decision to begin a Hiqa investigation, and the court issued a declaration that the minister had acted beyond his powers in ordering that investigation.

Judge Charles Meenan said in his September ruling that Malak Thawley’s death was a ‘profound tragedy’.

But he said a Hiqa investigation could only be ordered when a minister believed on reasonable grounds that there was a serious risk to the health and welfare of a hospital’s patients. In this case, he said the alleged patient safety risks included the practice of undertaking non-emergency surgery outside of core hours, without the presence of relevant consultants on site.

He said it was recognised by the minister that this practice was long standing, and occurred in hospitals across the health service.