THE MOTHER of a young man who killed himself by driving off a pier after being discharged from a hospital psychiatric unit has lost her action alleging the HSE failed to provide adequate care to her son.
Ellen Ann Orpen (53), Beaugreen, Dunkineely, Co Donegal, a school traffic warden and auxiliary nurse, had sued the HSE following the death of her 27-year-old son Michael in November 2006.
The court had heard Michael Orpen attended the AE department of Letterkenny General Hospital and the department of psychiatry there on the night of November 14th, 2006, after taking a deliberate overdose of 50 tablets.
He was discharged about 2am the following day, November 15th, and later that day attended Parkview day hospital. On the evening of November 16th, he left his home and was later reported missing. On November 17th, he was found dead in his car off Bruckless Pier in Co Donegal.
Evidence was given to the court there was a history of suicide in the family.
In his judgment yesterday, Mr Justice Iarfhlaith O’Neill ruled neither the senior psychiatric officer on duty on the night of Mr Orpen’s admission nor the consultant psychiatrist involved in his care, had failed in their duty in relation to assessment of the suicide risk.
The judge referred to the options open to staff, including admission of Mr Orpen or discharge to the care of his sister Mary Ellen – a nurse – and said he was quite satisfied the approach taken, to discharge Mr Orpen into his sister’s care, was entirely consistent with psychiatric practice.
The senior psychiatric officer dealt with the suicide risk in an entirely appropriate manner, the judge said.
Faced with the risk of admission to a psychiatric ward, a traumatic experience for a young person, or discharge into the care of a caring relative, and bearing in mind Mr Orpen was to return to hospital the following day, it simply could not be said there was a failure by the HSE in its duty of care to Mr Orpen, the judge held.
Mr Justice O’Neill also noted Mr Orpen had denied there was any psychiatric illness in the family when questioned at the hospital. He had said he was attending an IT course but had dropped out some days previously because he had been unable to cope with the course and felt he was holding the class back.
In all the circumstances, the plaintiff had failed to demonstrate any breach of duty by the HSE and he would dismiss the case, the judge concluded.