New rules needed for medics after civil actions

Juries have returned verdicts of 'death by medical misadventure' in the deaths of Sally Rowlette and Dhara Kivlehan.

Both women died from a severe form of pre-eclampsia, HELLP syndrome, after giving birth at Sligo Regional Hospital.

Ireland's leading expert on the illness, Dr Peter Boylan, told both inquests that a review of similar deaths in the UK found human errors were factors "in almost every single case".

One recommendation being put to the minister is that hospitals should be forced to settle legal actions from their budgets, rather than the HSE as a whole, the Irish Independent has learned.

Fianna Fail's health spokesman in the Seanad, Marc MacSharry, said a new system of checks on doctors and consultants needed to be introduced.

He has tabled a motion to be heard tomorrow on the Sally Rowlette case.

The 36-year-old died in February last year, a day after giving birth to her fourth child.

The inquest found that Dr Murshid Ismail, a consultant obstetrician, had failed to take into account that Mrs Rowlette suffered from HELLP syndrome during an earlier pregnancy.

The HSE and Dr Ismail settled a civil action in 2009 taken by the parents of a girl injured during birth in Limerick 10 years earlier.

Senator MacSharry said that because the case was settled for €485,000 without any admission of liability that there was no further action taken.

"Most of the cases we hear about are settled on the steps of the High Court without admission of liability and yet millions of euro are paid out," he said.

"I'm sure there are some cases where checks and balances should be put in place."

Solicitor Roger Murray, who represents the Rowlette and Kivlehan families, said he had been instructed to lodge formal complaints with the health watchdog Hiqa in both cases.