Sir, - Thank you for publishing an enlightening interview with Dr Declan Keane, master of the National Maternity Hospital, Holles Street, following the settlement of the case taken on behalf of Blaise Gallagher against the hospital and an obstetrician (The Irish Times, February 20th). It provided a clear view of the mindset prevalent in an institution which can allow a court case to drag on for six weeks, but then, strangely, not even bother to present a defence. From Dr Keane's remarks, possibly there was no point in defending the case, because no Irish judge would fail to award compensation to a child with cerebral palsy. Why, then, subject the hospital to appalled public scrutiny - surely it would have been better to make an adequate settlement offer before the case came to court?
Dr Keane's comments were insulting on many levels. They were insulting to parents who realise that, despite excellent medical attention, their children have cerebral palsy, and who would never dream of initiating a case against a hospital simply because a soft-hearted Irish judge is sure to award a large settlement. It is insulting to the minute number of parents who have had the strength and persistence necessary to go through years of preparation and the trauma of a court case on behalf of children whose brain damage resulted from less than acceptable medical care. Most of all, it is appallingly insulting to the many parents who know that their children's brain damage could have been avoided by better medical care, but who have gone home, and silently and sadly learned to provide the necessary care for their children - children whose needs would be unimaginable to most parents. There are some parents who would give the world to see their child having a temper tantrum or falling off a bicycle.
The implications of Dr Keane's remarks are very serious, and with very poor foundation. There has been a very small number of cases taken on behalf of children with cerebral palsy which have proceeded to court and in which the judge has made an award. Would Dr Keane like to identify those cases which gave the National Maternity Hospital cause to believe that judges are making awards based on a child having cerebral palsy, rather than on clear evidence of negligence? Did the National Maternity Hospital fail to present a defence in Blaise Gallagher's case because it did not trust that Mr Justice Quirke would make an impartial decision based on the evidence presented? Or did the National Maternity Hospital simply decide not to try to defend the indefensible?
If the National Maternity Hospital stands by Dr Keane's view that no Irish judge would fail to make an award to a child with cerebral palsy, this is a very serious charge against the impartiality of our judiciary.
Dr Keane's call for no fault compensation perhaps should be considered in hospitals which are committed to the use of best practice in all cases, but time after time during this court case, the practices of the National Maternity Hospital were criticised as being inadequate and outdated. No fault compensation could be a licence for shoddy practice. If the Government were to consider it, every maternity unit and every obstetrician in the country should be exposed to an intensive audit of standards and outcomes - and not a self-audit. - Yours, etc., Helen Gallagher,
Durrow, Tullamore, Co Offaly.