Cancer patient assured of private bed after taking hospital to court

A woman who took High Court proceedings after she was refused admission to the public section Mater Hospital, Dublin, for treatment…

A woman who took High Court proceedings after she was refused admission to the public section Mater Hospital, Dublin, for treatment for cancer has accepted an offer of treatment at the Mater Private.

She will begin five days of chemotherapy treatment at the private hospital from Monday unless a public bed becomes available before then.

The public section of the Mater Hospital had been unable to provide Mrs Janette Byrne with a bed last week because of a shortage of acute beds there, the court heard. It was also stated there were 86 patients inappropriately placed at the hospital.

Mrs Byrne, a medical card holder will be provided with a bed in the public section o f the Mater Hospital if one becomes available there before Monday. It was said the Eastern Regional Health Authority will pay her costs in the Mater Private if she goes there.

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The offer was put forward by counsel for Mrs Byrne (39), of Finglas Park, Dublin, during the hearing of injunction proceedings taken by her against the ERHA, the Mater Hospital and the State.

Ms Siobhan Phelan, for Mrs Byrne, said they were not happy with the terms but, given t he reality of the circumstances, her client was agreeable to them.

Mr Justice Kelly said one would need to have "a heart of stone" not to be sympathetic to Mrs Byrne. She had had eight hours in the operating theatre and an unfortunate history of post operative treatment.

The judge referred to the time which the court hearing and possible appeal were likely to take and said he thought Mrs Byrne would b e well advised to accept the offer. He adjourned the case until Monday afternoon when an update on the position will be given.

Mrs Byrne had been diagnosed last February with non-Hodgkins lymphona requiring chemotherapy. She has had some chemotherapy but could not have other sessions because no bed was available in the Mater.

On behalf of the Mater Hospital, it was stated the primary difficulty leading to an acute bed shortage was that there were 86 "inappropriately placed`" patients in its facilities. Seventeen were awaiting rehabilitation and many others required long-term care.

Mrs Byrne's action remains in the High Court list and the judge set date for the exchange of documentation in preparation for a full hearing later.