Family of girl who had 'inappropriate' spinal surgery seek full medical records

High Court reporter

The family of a young girl who underwent spinal surgery at Temple Street Children's Hospital has launched High Court proceedings looking for all of their child’s medical records.

This is the second family to go to court over medical records at the hospital.

The family has brought the action against Children's Health Ireland (CHI) seeking an injunction compelling the handover of all outstanding medical records, documentation and information sought.

The girl is one of 19 children who were the subject of a report on patients with spina bifida who underwent spinal surgery at the Temple Street hospital.

The court heard that the family of the child, who cannot be identified for legal reasons, is seeking the discovery of documents and material surrounding her care following an operation she had at the hospital last year. They want the records so they can have them assessed by an independent expert.

They also seek the records as they consider what action to take over what they say they have been told was alleged inappropriate surgery performed on the child.

Earlier this week the family was provided with some, but not all, of the material they sought from CHI.

They claim that important material was not furnished to them.

They have asked the court to make orders requiring the CHI to provide them with material including all management plans put in place for the child.

They also seek copies of a full risk assessment and notes prepared by the defendant regarding the clinical care provided by Temple Street and in relation to the surgeon who allegedly operated on the child Dr Connor Green.

Represented in the proceedings by John Healy SC, Michael Devitt BL instructed by solicitors McGroddy Brennan, the child's family also seeks an order compelling the defendant to immediately prepare a care plan for the child, and to appoint an agreed independent expert to review her.

Counsel told the court that last year the girl underwent spinal surgery. She suffered serious post-operative complications, and her parents were told she would require further surgical intervention.

Following media reports about spinal surgeries at Temple Street, the family claim they were informed that the surgery their child underwent was allegedly "inappropriate".

They were subsequently told that their daughter will require further surgeries and procedures over the coming years.

Her family have been "devasted by this news", counsel said.

The family claim that the information they have been given has been drip fed to them, and say that the report last month about the spinal surgeries has "much to say about future governance at Temple Street," but nothing to say on the clinical situation of the children affected.

The matter came before Mr Justice Mark Sanfey on Friday who noted that the circumstances that the girl and her family find themselves in are "extremely distressing."

While the court had only heard from one side in the dispute, he said what was being sought appeared to be "very significant pieces of information."

The judge, on an ex-parte basis, granted the applicants permission to serve short notice of the injunction application on the defendant.

The matter will return before the High Court next week.