Court rejects appeal over hospital service

THE SUPREME Court has rejected an appeal by four Co Monaghan women aimed at overturning the controversial decision nine years ago to discontinue maternity services at Monaghan General Hospital.

The discontinuance of maternity services attracted controversy in 2002 when a local woman in advanced labour, Denise Kerry from Emyvale, was refused admission to Monaghan hospital, sent by ambulance 25 miles to Cavan hospital and gave birth to a premature baby girl en route who later died.

The issue raised by the appellants was a discrete question of law: whether the North Eastern Health Board, now the HSE, had the power in law to discontinue the services at the hospital, Mrs Justice Susan Denham said yesterday.

She ruled the HSE has power under the Health Act, 1970, to close a particular department in a hospital and had not acted outside its powers in doing so. She also noted the HSE cannot exercise its powers in relation to discontinuance of a hospital, sanatorium or home without the consent of the Minister for Health.

“It was not for a court of law to make social policy as to where maternity services should be provided,” the judge added. There was no issue before the court whether it was better to have maternity services in a local area or more centralised. “Those decisions are made elsewhere.”

The action, backed by the Monaghan General Hospital Development Committee, was brought by Shauna Tierney, McCurtain Street, Clones; Maura Sherlock, Tirnaskea, Tydavnet; Brenda McAnespie, Lakeview, Emyvale; and Sharon O’Neill, Oriel Park, Emyvale. The decision in 2001 caused uproar in Co Monaghan and resulted in several protests. In 2004, the High Court rejected the women’s challenge.