MEDICAL NEGLIGENCE CLAIMS & FREEDOM OF INFORMATION REQUESTS

Requests for information under the Freedom of Information Acts are often a very valuable source of information when preparing a claim against a doctor or a hospital. It is possible to obtain copies of policies, protocols, guidelines and approved practices in relation to a wide variety of aspects of medical care and these can give a helpful indication of whether there was a deviation from the accepted standard of care.

We recently made two such requests and received two quite different responses. In one request, we sought a number of documents in relation to the management of labour at a particular maternity hospital. We received a prompt reply from the hospital and copies of over 20 documents. These cover a wide range of standard procedures and guidelines that apply when a complication in labour arises. These guidelines originate from a number of different sources including the hospital itself but also from An Bord Altranais and the Royal College of Obstetricians & Gynaecologists. The documents will assist us in assessing where the standard of care our client and her baby received may have deviated from the norm and this is an essential element to a successful claim. 

Simultaneously, we made a similar request to a Dublin hospital requesting information in relation to procedures and guidelines in their emergency department. We were taken aback when we received a letter saying that our request had been refused relying on section 21(1)(b) of the Freedom of Information Act. The hospital said that our request was refused because disclosure of the records concerned could reasonably be expected to have a significant, adverse effect on the performance by a public body of any of its functions in relation to management. Needless to say, we do not understand what adverse impact disclosure of the records could have on the public body and intend to appeal this refusal. 

The Freedom of Information Acts ensure transparency and accountability of public bodies. For our purposes, they provide a convenient way of obtaining documents that are valuable in our assessment of whether or not a doctor met the accepted standard of care when treating our client, as this standard is often reflected in relevant protocols or guidelines.

Rebecca Keatinge

Brophy Solicitors