Woman refuses to leave hospital after 719 days, court hears

High Court Reporters

An elderly woman is refusing to leave a hospital where she has been an in-patient for 719 days even though she has been medically assessed as needing no further treatment, the High Court has heard.

The woman, who cannot be named by order of the court, insists she is suffering from multiple issues which have not been treated and is backed in her claims by her solicitors.

The hospital is seeking orders that she leave the hospital within 24 hours and be restrained from attending again pending further order, other than in a medical emergency.

On Friday, the hospital, which applied for the anonymity order and may seek an in camera order, was granted permission by Mr Justice Brian Cregan to serve the proceedings on the woman's lawyers and adjourned the case to next week.

In an affidavit from the hospital's regional clinical director, she states the woman is currently occupying a private room which is needed to provide a dignified environment for end-of-life patients and for those who require infection control.

The director said she and her solicitor have been repeatedly told there is no legal entitlement under the Health Acts for anyone to determine the treatments he/she should receive or which doctors provide treatment.

The solicitor responded that the patient's charter makes it quite clear the opposite is the case as it states patients are "entitled to b*e involved in making informed decisions about care and treatment...." and have a right to seek a second opinion.

She has however declined to give consent to a further physical assessment.

Her solicitor has written to the hospital stating clinicians in the hospital should provide her with much needed urgent investigation and treatment for multiple conditions, including cardiac, coupled with a proper diagnosis and then she would vacate the bed.

The solicitor also said the doctor who is purporting to discharge her now "is not and never was our client's doctor". The hospital has pointed out the doctor who wrote up the first discharge, after she had been there for a year, is no longer with the hospital. She has declined to accept the replacement as her doctor.

Apart from contributing to the chronic overcrowding the hospital is experiencing, the daily cost of her stay is €1,322, the hospital said. The average length of time a patient stays in such rooms is 4.9 days.

It has offered every support available to her on discharge including respite care, rehabilitation and home help. She declined all such offers.

The regional clinical director also said she is persistently emailing hospital clinical staff and management at all hours of the day and night making demands for treatment.

In one to the doctor who has taken over supervision of her case, she told her: "You DOCTOR are gearing up for a DENIABLE DEATH and are betting on it".

The hospital said in the circumstances, it was left with no alternative but to make the court application.