A fellow of the Royal College of Pathologists in the UK told the High Court yesterday it had always been regarded as a gross professional error to carry out a post-mortem without the consent of a relative.
Dr Anthony J Barson said that from his own experience in the north-west of England it would be commonly or invariably recorded whether a request for a post-mortem examination had been made.
He was giving evidence on the second day of a High Court action for damages arising from organs from a woman's stillborn baby being retained by the National Maternity Hospital, Holles Street, Dublin, allegedly without her permission.
The hospital disputes the claim of Ms Bridget Devlin and Mr Terence Devlin, of Ballyogan Crescent, Carrickmines, Dublin, whose daughter was stillborn at the hospital on May 30th, 1988. The hospital argues that in 1988 there were no consent forms, and that Ms Devlin did consent to the post-mortem.
The Devlins allege that immediately after baby Laura's birth the hospital carried out a post-mortem examination to verify the cause of death without their consent.
Dr Barson said that from his own experience and from his first day as a pathologist he had been told that on no account was he to perform an examination without the written consent from a near-relative. This, he said, was done on the simple grounds that the feelings of the relatives were of paramount importance.
Under cross-examination from Mr Charles F Meenan SC, for the hospital, yesterday Ms Devlin stood over her allegation that a doctor had told her husband to "f . . . off" at a meeting in June 1988 when discussing the death of her baby.
Mr Meenan said the doctor had not been identified, but would reject the claim that he had insulted her husband. He had taken instructions from the doctor, who categorically denied he would ever say such a thing. The doctor would not use that language in any circumstance, particularly when dealing with a distraught person, said Mr Meenan.
Ms Devlin conceded that she had not complained to the Medical Council, and could not explain why the issue had not been mentioned in a solicitor's letter to the hospital.
Mr Meenan said there was a system in place at the hospital to secure consent for a post-mortem. Ms Devlin agreed with him that proceedings concerning her alleged mental stress had been settled earlier this year.
The hearing continues today.