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THE TURKISH STATE has been found to have breached human rights laws after a newborn baby died after he was refused admission to hospital.
The European Court of Human Rights ruled that the state had not sufficiently ensured the proper organisation and functioning of the public hospital service, or its health protection system.
Implications of the ruling could impact Ireland’s health system in certain circumstances.
The baby, born in 2005, developed breathing difficulties soon after birth at a public hospital, but his parents were told there was no suitable neonatal unit.
The hospital recommended the child be taken by ambulance to a separate hospital 110km away, only for the baby to be turned away on arrival due to a lack of space at the hospital.
The baby died in an ambulance en route back to the first hospital.
The ruling read:
The child had died not because of negligence or any error of judgment in the care dispensed to it, but because it was offered no treatment at all.
It added that the staff at the first hospital should have ensured there was space available elsewhere, noting that the staff could ‘not have been unaware’ of the risk facing the child.
Turkish authorities were also held responsible for not carrying out an investigation to establish the basic reasons or system failures in the case.
“There had been no attempt to ascertain how the protocols applicable to the admission of new-born babies to the emergency unit or to coordination between the neonatal services had been implemented, or to establish the reasons for the lack of basic facilities in those services, in particular incubators,” the ruling added.
‘No case to answer’
A criminal and administrative investigation were both discontinued as ‘there was no case to answer’.
The mother of the child was awarded €65,000 in damages, as the Turkish state failed its obligations under Article 2 – the right to life.
Dr Adam McAuley, an expert in medical law from Dublin City University, said the important aspect of this case for Ireland was the need to ensure proper communications were in place, due to the labyrinth of health services available.
He said set processes at national level are crucial.
McAuley added that it was crucial that any investigations highlight potential system failures.
However, he noted that it’s unlikely that a patient in an Irish hospital would be outright refused treatment, as happened in the case ruled on today.
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Disgusting, I’m appalled at this jesus christ, surely there was some patient who could have made way
I always believe that it takes a certain kind of person to become a nurse or a doctor , they save lives, but in the case its shocking to think that these nurses and doctors stood back and let this little baby die rather than help . Shame on them ! Whoever was involved in this should be sacked and never work in that profession again , how could you trust them ?
seems like more of a management issue to me. i doubt any doctor or nurse in the 2nd hospital would have seen the child as they would have been told by admissions or management staff that there was no space
Hadnt we a similar incident where the chemist refused to give an anapen out when someone had an allergic reaction nearby, causing their death..are we any better!!!!!!!
Failure of a system that allows individuals to neglect their duties. Unlikely to happen here ?it does if not as blatantly as in this case.
How does the European Court of Human Rights have jurisdiction or make a ruling that has any effect in Turkey? Have they sneaked into the EU without us noticing?
Cause they want to join the eu as far as I’m aware part of conditions of joining is the applicants human rights records as well as other things
The ECHR is a body of the Council of Europe, not the EU.
I am sure if there was a member of ISIS in the ambulance they would have been quick enough to offer care.
Very true , frank
Always the bitter word Frank. Never an expression of regret at the death of an innocent, in this case a new born child, or a prayer. You’ll spout biblical quotes and other conspiratorial sh1+e aplenty but not one ounce of compassion comes forth from you ever. What a vile excuse for a human being.
RIP the little baby
Dean
I find Frank offers plenty of compassion when he, despite bucket loads of insults and ridicule takes the time to warn his fellow man about the tyranny and goings on of the criminal elite.
I have never seen you show compassion for children killed by drones, warfare or Sanctions for that matter.
Dean Anderson_The truth stings doesn’t it?
Did you offer any compassion when 41 Children got blown apart by Western backed terrorists in Hom’s last October?
These were real bombs, real children killed but the news was promptly shoved under the carpet by the Western Mainstream Media.
http://www.middleeasteye.net/news/blast-syria-school-kills-18-including-10-kids-421191049
That is so sad :( FFS how much space can a newborn baby take up??!! Life is cheap in some countries :(
Frank, I don’t know of one person who didn’t feel compassion for those poor innocent children. And expressing sympathy for one doesn’t negate sympathy to another. This poor baby’s death is every big as heartbreaking. What is wrong with you?
And Turkey wants to join the EU?
Sounds like it’s cheaper to refuse admission than to make a balls of the actual care.
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