A coroner yesterday refused to rule out making a finding of gross medical negligence when he hears an inquest into the death of a man denied a hospital psychiatric bed.
Steven McAdam is alleged to have driven his car off a pier into the sea two days after being discharged from Craigavon hospital because no psychiatric beds were available.
Mr McAdam, 43, Grandmere Park, Bangor, Co Down, died in the water at Donaghadee harbour in February 2004 after being turned away by the hospital.
The Northern Ireland Human Rights Commission has taken up the case and urged the coroner to consider whether the medical authorities failed to protect the life of Mr McAdam. After listening to legal argument during a preliminary hearing in Belfast, senior coroner John Leckey refused to limit his options.
Legal representative for the Craigavon and Ulster health trusts, Gerry McAlinden, argued "the evidence to date doesn't in any way approach the threshold for gross negligence". After taking advice from a barrister representing the attorney general, Mr Leckey said he would hear all the evidence before deciding if anyone was culpable. "Once I have heard all the evidence I would be amenable to hear submissions then on simple negligence, gross negligence or no negligence," he said.
He added if he found there had been gross negligence, he could refer the case to the Public Prosecution Service for a decision on a prosecution. He hoped to begin the inquest on November 7th.
Speaking after the hearing the dead man's brother, Paul McAdam, said: "I think it is very unlikely the coroner will make a ruling of gross negligence.
"I just want all the facts to be heard. I think when they are heard, people who are dealing with suicide cases will realise what they are up against when they go to hospital." - ( PA )