A Dublin midwife was yesterday granted leave of the High Court to serve notice on the HSE of her intention to challenge its threatened denial of indemnity cover of her midwifery practice.
Eanna Mulloy SC, counsel for Sarah Philomena Canning, said his client would be seeking an injunction restraining the HSE from withdrawing indemnity cover under its Clinical Indemnity Scheme.
Ms Canning, of Loreto Avenue, Rathfarnham, Dublin, claimed in an ex parte application that she had received a letter last August informing her of a hospital report of a “serious incident” involving a planned home birth.
She stated in an affidavit that the mother had needed to be transferred by ambulance to hospital due to pain and dizziness after having given birth and had been discharged home 10 hours later.
Notice of incident
Ms Canning said she had “in accordance with routine practice” then issued notice of the incident to Anne Clarke, the designated midwifery officer at the HSE. Mr Mulloy, who appeared with barrister Tim Dixon, told the court that when Ms Canning inquired about what the hospital report contained, she had been asked to submit her original file on the case. Later she had been told her indemnity cover was being removed.
Ms Canning said she had been informed her indemnity cover had been removed because of the August hospital report and two other cases, even though no findings had been made against her. She said she had been ordered to shut down her practice.
In shock
The midwife claimed the denial of her indemnity cover was in breach of an agreement signed in April 2014 between herself and the HSE.
She said she had been in shock and had not shut down her practice because she could not accept that the HSE could operate “such draconian powers with virtually irreversible reputational effects.”
Ms Canning qualified in 1983 and has practised in Ireland, England and Australia.
Mr Justice Anthony Barr returned the proceedings, which had been brought in the absence of any representation by the HSE, until Thursday.