HSE seeks legal advice over report into death of woman (75)

THE HEALTH Service Executive (HSE) has sought legal advice on the publication of a report into the death of an elderly woman who choked after she got caught in a restraining belt on a chair in a geriatric psychiatric hospital.

A HSE South spokeswoman confirmed yesterday that it had received a report into the death of Hannah Comber (75), Ballyhea, Charleville, Co Cork, who died while a patient at Heatherside Hospital in north Cork in June 2006.

“The HSE has sought legal advice on the report of the independent inquiry team into Ms Comber’s death at Heatherside Hospital and this is currently under consideration,” said the HSE South spokeswoman.

The inquiry team was chaired by former chief officer of the Midland Health Board, Pat Gaughan, and included consultant in old age psychiatry at the South Tipperary Mental Health Service, Dr Caitríona Crow, and director of Nursing Laois-Offaly mental health service, PJ Lawlor.

The inquiry’s terms of reference included establishing the facts in relation to Ms Comber’s death and to review existing protocols and procedures for the delivery of services in Heatherside Hospital and the delivery and co-ordination of these services to Ms Comber.

In April 2007, a jury at the inquest into Ms Comber’s death returned a verdict of death by misadventure and made a recommendation regarding the use of restraining belts after hearing evidence that Ms Comber was found slumped in a chair with a lap restraint around her neck.

Ms Comber, who had schizophrenia and had been a patient at Heatherside for 35 years, was reported by hospital staff as having “passed away” and it was only after an autopsy that it emerged that she had died from asphyxia after getting caught in the chair restraint.

The failure of a number of hospital staff to report the circumstances of Ms Comber’s accidental death led to a Garda investigation but after studying a file, the DPP directed that there should be no prosecution of any of the staff over the reporting failure.