Midwife action adjourned until next week

A Dublin midwife’s challenge against the HSE’s decision to withdraw indemnity cover of her practice has been adjourned to early next week.

The action has been brought by Sarah Philomena Canning who says the removal of cover will shut down her midwifery practice.

She is seeking an injunction restraining the Health Services Executive from withdrawing indemnity cover under its Clinical Indemnity Scheme.

Ms Canning, of Loreto Avenue, Rathfarnham, Dublin began proceedings after she received a letter last month informing her of a hospital report concerning a “serious incident” involving a home birth.

She says the mother in the case had to be transferred by ambulance to hospital due to pain and dizziness after giving birth. The mother was discharged by the hospital some 10 hours after being admitted.

Ms Canning said she had - in accordance with routine practice - issued notice of the incident to the designated midwifery officer at the HSE. Ms Canning said she was subsequently informed by the HSE her indemnity cover had been removed because of the August hospital report, and two other cases, even though no findings had been made against her.

She said she had been ordered to shut down her practice. She claims the denial of her indemnity cover was in breach of an agreement signed in April 2014 between herself and the HSE.

She said she had been in shock and had not shut down her practice because she refused to accept the HSE could operate “such draconian powers with virtually irreversible reputational effects”.

Earlier this week Ms Canning received permission from the High Court to bring an action challenging the HSE's decision. When the case returned before the court today, Mr Justice Max Barrett agreed to adjourn the application for an injunction to next Monday.

The HSE, represented by Paul Anthony McDermott Bl, sought the adjournment until Monday because his client required time to obtain statements from medical professionals in order to reply to Ms Canning’s claims.

Counsel said it is accepted the matter was urgent and raised public health issues involving mothers and children that are important to both the HSE and Ms Canning.

Barrister Eanna Mulloy SC, for Ms Canning, had asked the court for an earlier hearing. He said there was nothing of surprise to the HSE in Ms Canning’s claim that would prevent the matter being heard tomorrow morning.

Counsel said the application is urgent because the HSE “rushed to judgment” in respect of Ms Canning. No other midwife in the country had been treated in this way, he added.

Prior to the matter being heard, a small group of protesters voiced their support for Ms Canning outside the Four Courts.