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Dublin: 6 °C Friday 24 May, 2013

Savita: Family to take case to European Court of Human Rights

Earlier this week, Mrs Halappanavar’s father issued an ultimatum to the Health Minister to announce by today that he was to hold a public inquiry into her death.

Praveen and Savita Halappanavar
Praveen and Savita Halappanavar
Image: Photocall Ireland

THE FAMILY OF Savita Halappanavar are to take a case to the European Court of Human Rights, it has been confirmed this evening.

Praveen Halappanavar’s solicitor, Gerard O’Donnell, told RTÉ’s Drivetime that Savita’s husband has instructed him to submit an application to the court. He said that Mr Halappanavar felt he had no option but to seek legal redress.

Earlier this week, the father of Savita Halappanavar, Andanappa Yalagi, said that the family were giving Health Minister James Reilly until today to decide to hold a public inquiry into the 31-year-old woman’s death on 28 October.

It is believed they will begin looking at their options for the ECHR case next week.

The HSE and the Health Information and Quality Authority have both begun separate investigations into the circumstances surrounding Mrs Halappanavar’s death. Mr Halappanavar is not cooperating with either of these investigations.

Read; Savita’s family may take a case to the European Court of Human Rights>

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Comments (108 Comments)

  • Gamma 29/11/12 #

    Anna wait for the report before you go dragging a hospitals name through the mud! Just like me you haven’t a clue what happened so wait on the facts as we get them from no fewer than 5 investigations.

    No doctor or nurse wants to cause harm so I’m sure the staff dealing with Savita are upset enough losing a patient without being looked down on by a know it all with no facts.

    Reply
  • Isn’t it a sad state of affairs when a grieving husband has to do this, while the muppet show in the Dail would rather act like an unruly classroom than get their s**t together and put this poor man out of his misery and stop putting womens lives at risk simultaneously! But hey at least Iona are getting some publicity, not like there is lives involved or anything!

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  • My sympathy for Praveen with the death of his child and wife is unwavering, however, I am starting to lose support for his stance, penalising Irish medical staff undermines the phenomenal work they do nationwide day in and day out all across Ireland and paints them all with the same brush and is becoming a witch-hunt. In India, between 1971 and 1994 gender-selective abortion was legal, (as it is in China currently), I wonder what would have been said to an Irish couple in India between these years if they had been made aware that the gender of their child was female. And for the record, it’s none of my business what a woman does with her body, I am highly critical of the Irish governments ineptitude in legislating in this area over the last 20 years and it’s embarrassing

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  • If rather pay for this with my taxes than paying prommisery notes and bondholders Michael. Money well spent in my eyes.

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  • mart_n 29/11/12 #

    What outcome are they expecting? I fear they are being led down the garden path by their advisers.

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  • It’s a sad day when the hugely ignorant general opinion can judge and find guilty the people involved in relation to medical practice of the hospital, you are not medical professionals, you are not a judge and how dare you come to a decision without all the facts. Two lives were lost and that will always be painful, especially to the family of the deceased. May I point out that we do not have anywhere near enough facts to point fingers or come to any opinion, to do so is to make idiots of yourselves. Let’s wait until the case is presented shall we? Have we lost all comprehension of justice?

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    • There is no evidence or indication whatsoever that there was any clinical negligence or medical malpractice.

      The Kitty Holland articles and the time line published last Saturday, although not legal evidence, point towards a legal obstacle to appropriate clinical intervention.

      The HIQA investigation is an abuse of process; it is not legally suited to the nature of the inquiry required. Proven is right not to support this misconceived inquiry, which is not a direct inquiry into his wife’s death.

      Reply
    • Sorry, my phone spellcheck converted “Praveen” to proven. I typed Praveen.

      Reply
  • Just reread my comment on this article (which I had to copy into notepad because it didn’t post first time) and have to say, I am disappointed it has been removed, I don’t see how it was in conflict with Journal guidelines and it was solely meant to provide a viewpoint that was in no way offensive, which was reflected in the responses in my opinion, pity

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  • Gains, I would be surprised on the facts and timeline presented by Kitty Holland in the Irish Times last Saturday that the lead clinician or her team were negligent or unintentionally negligent. My hope, approaching expectation, that a properly established statutory inquiry will vindicate the clinicians and show that it was bad law which impeded potentially life saving medical treatment.

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  • Gaiaus, we were not there. So how can we judge. Maybe some of the doctors and nurses did treat him badly. As many say on here, lets wait on the full facts.

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  • Having read up on this it should be said there’s still a 50/50 likelihood that Savita was suffering firm bloodles poisoning before arriving in hospital.

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    • Gamma 29/11/12 #

      Jesus Niall stop talking sense! it’ll upset the bandwagon. It seems we have no time for facts or the patience to wait for them.

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    • What bandwagon? On what planet is people looking for a public enquiry to reveal facts of the case, not looking to wait on facts!

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    • So what if she was? They still kept her there for days even though her condition meant increased risk of infection.

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    • Gamma 29/11/12 #

      Diarmaid, while some of us are waiting on the result of the investigations it’s clear to see from the number of comments and accompanying green thumbs, that there is quite the bandwagon of people convinced without a shred of proof that a termination would have saved Savitas life. There’s a large number of people that’ll have some egg of their face should the report say anything other than death due to failure to terminate.

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    • I think you’ll find you’re on your own bandwagon assuming people’s opinions because of thumbs!

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    • Gamma 29/11/12 #

      aren’t the thumbs to indicate agreement / disagreement with a comment ergo establishing approval / disapproval with an opinion?

      feel free to correct me if I’m wrong

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    • Just a note – if Savita had blood poisoning on admission it is unlikely she would have been made wait for the miscarriage to carry through.

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    • @ James Connelly I suspect if something like Niall B. is suggesting was true then it would make the current situation even worse?

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    • bloodles poisoning? before arriving at the hospital and having it hanging for few days before it attacked? i guess that is what u are trying to say? Just shows you need to read a bit more information and broaden your knowledge.

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    • Hi Kerry, if it does turn out to be true it makes this case infinitely worse, it would prove to be a case of gross negligence in the extreme on the part of the doctors and nurses involved.
      Septicaemia (not to be confused with septic shock), is something which we as nurses battle against every day. I would hope that In Ms Praveen’s case basic tests were run to ensure that while Ms Praveen was miscarrying, she was otherwise healthy (until the point that her situation became an emergency).

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    • What I am trying to say Gamma, is that you don’t know peoples opinions and equating a few thumbs up to a bandwagon is juvenile, especially when peoples motives are so decent and honourable!

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    • If that was the case she should be given every help possible to treat the condition the moment she put her foot in that hospital!!!!

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  • tom 29/11/12 #

    and if there is no malpractice who will refund the state agencies to enable the HSA provide heath service to those in need.

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  • Good stuff.

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  • @ Niall b.

    Have you the reference which stated this?

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    • Start here…you’ll need to follow the references particularly those relating to sepsis.

      Centre for Maternal and Child Enquiries (CMACE). Saving Mothers? Lives: reviewing maternal deaths to make motherhood safer: 2006?08. The Eighth Report on Confidential Enquiries into Maternal Deaths in the United Kingdom. BJOG 2011; 118 (Suppl. 1): 1?203

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  • He has no right to issue an ultimatum to our State.

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    • Ya it’s not like he’s lost a family member in dubious circumstances or anything with records not taken of certain conversations.

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    • Gamma 29/11/12 #

      I’m pretty sure that the European convention gives him (or any of us for that matter) that very right!

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    • David 29/11/12 #

      He has every right to use, say, or do whatever it takes to get something done. It’s a pity Irish people are not more passionate about injustice or unfairness. People should be making demands, have expectations, and if necessary make ultimatums of the State, to make lives better.

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    • Diarmad, David and Gamma, all well expressed. Unchallenged authority can abuse its powers. Rights are useless if not asserted.

      There is a very real risk that Ireland will pay more legal costs in defending the State than on a focused public inquiry as asked for by Praveen.

      The government will hope that the Commission will take its time and that it might even find that not all domestic rights had been exhausted.

      For sure, Praveen has touched on a raw nerve. We don’t get excited if Irish citizens threaten or make complaints to Europe.

      I wonder if shame and fear of truth as well as anxiety over non Irish persons complaining is combining to upset Praveen’s opponents and critics.

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    • The fact alone that both Mrs and Mr Praveen were contributing members to this society affords this man the right to demand ultimatums such as this of us. They both have contributed in ways that already exceed many Irish people’s contribution, they should absolutely be allowed issue such ultimatums.

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    • It’s virtually impossible to remove notes from a patients file as they are written in continuity form both sides of paper and all medical professionals write on the same maternity notes. They are legal documents and lectures are given on how to write its all very above board they are audited frequently and everyone prints and signs their name I think we need to cut the staff some slack and support them as a previous commenter said this man may have been ill advised and there could be a lot of egg on a lot of faces.

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    • And what is your point?

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    • @Cliodhna I am well aware of the legality and procedure of taking notes, however, this grieving man has insisted that notes were not taken when he and his dead wife requested a termination. Now unless you’re accusing him of being a liar, i fail to see your point. I merely think we should be humane enough to believe his story as much as anyone elses. I am not proposing a witch hunt on the staff, that’s a ridiculous comment, I merely want answers for this grieving man to be produced in a calm and proactive way!

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    • The requests for termination were not recorded initially however requests were recorded at later stages. Requests for treatment are not usually recorded, and when they are, it is only because that treatment is likely to be an avenue about to be taken by the doctors.

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    • Have you seen the notes James?

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    • Hi Diarmuid, no I haven’t, however basing my answer on reports I have read and heard and on my experience the situation would appear to be as I outlined above. Rgds, J.

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    • Oh right, so while you are more aware of procedures etc granted, you are just as in the dark as the rest of us cause for a second there I thought you were correcting me with facts!

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    • Well yes obviously, but there are reports that while initial requests for termination were not recorded, later ones were. This isn’t me making presumptions – it’s on what I have read and heard through the news etc. as to my presumption as to why it happened – well that’s usually the case, I was only informing you of what would be a) general knowledge, and b) what usually happens in these cases.
      Notes weren’t removed, to do so is a criminal offence on two counts – theft and perverting the course of justice, and would have serious ramifications for the culprit involved were that the case.
      Hope this helps Diarmuid.

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    • You seem to be slightly confused, you seem to think I said notes were removed, I didn’t! I said notes were not taken!

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  • Rory, he has a right under Article 2 of the European Convention.

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  • Terrible that this man felt he had no other option. But I back him 100% and I agree I hope he sues all and sundry. Seems that taking their money is the only way to make them see the error of their ways.

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    • Gamma 29/11/12 #

      And if the investigation discovers accidental death the wouldn’t have been prevented by a termination? I just wonder if he’ll cooperate with this investigation.

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    • @ Bernie Staunton-Kavanagh:
      you say – “Seems that taking their money is the only way to make them see the error of their ways.”
      it would be YOUR money, not theirs, that would be taken, in the event of “error of their ways.”, being proven

      that’s of course assuming you’re a contrubutor, rather than a burden on the state

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    • tom 29/11/12 #

      who is their money ? don’t you mean tax payers money !

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    • Would prefer to see my money going on something like this then to unsecured bond holders michael o’toole. Question of priorities I guess. Though I’ve not seen a statement from the family that they are looking for damages only seen statements that they are rather for an independent inquiry.

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    • you might prefer it, Kerry Blake,
      but the reality would be that your money would go “on something like this”, in addition “to unsecured bond holders”,

      & like you – ” I’ve not seen a statement from the family that they are looking for damages”.

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    • That actually could well be the case. But doesn’t change the fact that our abortion laws are hopelessly out if step with reality.

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    • Can I just say, it’s a little bit unnerving when you see comments insinuating that this man is only in it for the money. He has lost his entire family so before you post a comment that is filled with hate or xenophobia please, please, please think of how you might feel were it you in a similar situation.
      Does this man deserve an investigation which he can have confidence in? Absolutely.
      Should the current investigations be taking place? Oh God yes, we need answers quickly so that we can right whatever wrongs are in our system, and treat people to the fullness of our ability. Let a public enquiry take place, but do not let such an enquiry delay us righting our system.
      Should this man be looking for compensation? Yes, yes, damn yes. He absolutely should be because everyone will agree, whether at the hands of a law, or a doctor, Ms Praveen Halappanavar is dead, and this in the day of modern medicine should not be the case.
      Should we as taxpayers be funding such investigations or compensation? Absolutely. The cost of such things should most certainly be borne by the Irish people, it should be a sign of our support for Mr Praveen and the two families involved.
      Do we still need to look at termination even if it is found has nothing to do with this case? Regardless of what results are we must move to rectify the anomaly that currently exists.

      Reply
  • Niall B, I await with interest to see what is uncovered by an open, transparent and robust inquiry which enables all evidence to be rigorously tested. I think that the pointers so far are in the direction that bad law , which hampered medical intervention, was a contributory factor to Savita’s death.

    You may be in a position to offer expert opinion to this Inquiry when it is eventually established.

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    • Start here with report titled below…I agree I am not an expert…however I submit that it is a bit early to be heading to the court of human rights.

      Centre for Maternal and Child Enquiries (CMACE). Saving Mothers? Lives: reviewing maternal deaths to make motherhood safer: 2006?08. The Eighth Report on Confidential Enquiries into Maternal Deaths in the United Kingdom. BJOG 2011; 118 (Suppl. 1): 1?203

      Reply
    • Hi Niall, if I may interject with a few points; once septicaemia takes over the treatment becomes a race against it. Septicaemia doesn’t wait or hang around to attack, it gets down to business rather quickly, that is why if you are in ICU your cannula or dressings will be changed a lot more often than they otherwise might be were you on a general ward.

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    • @james. Does septicaemia have much of an ‘incubation period’ before symtoms show? I find it hard to accept nialls argument that savita already had septicaemia on arriving on hospital- surely as you say the staff would have treated it straight away. The only way I can see that it would escape notice initially is if it were asymptomatic on arrival?

      Sorry, this is digressing from the article.

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    • Apologies James. You have already answered this question in that you said ‘it doesn’t wait around to attack’.

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    • Hi Irene, incubation period differs from case to case depending on severity of the infection. It doesn’t hang around though, certainly not for 2-3 days – hours at most. Once diagnosis of septicaemia is made antibiotics absolutely must be administered within the first hour, the patient is immediately moved to ICU, and monitored there.
      Doctors and nurses are trained to identify septicaemia as the period for treatment (with minimal side effects remaining post infection) passes very quickly, before it moves onto septic shock and MOF.
      I said above, if it is found that Ms Praveen had septicaemia upon admission and if this is what caused Ms Praveens untimely death, it demonstrates a gross negligence on behalf of the staff to the point that it would be a criminal offence.

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    • @james

      Thanks for the insight. It is highly important to have the views of those, such as yourself, who are trained in this area.

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    • No problem Irene, any questions, holler ‘em out!

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  • Question, for those who oppose Praveen’s decision to file a complaint with the Commission as permitted by the European Convention of Human Rights, do you think that Ireland was wrong to ratify the Convention?

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    • A really good question Peter!

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    • Great question Peter and a echoing silence after it.

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    • @ Peter Richardson
      doesn’t appear to me that too many here “oppose Praveen’s decision”
      as for myself – i’ve never read the European Convention of Human Rights – i imagne very few, if any here, have.
      so i can’t give you a straight answer to your question.

      but i do think that Parveen was wrong, & badly advised in issueing an ultimatum.
      i think he should have cooperated with the existing inquiries.
      now, i can understand why he might be bitter – he has good reason for that, but his advisors/supporters have no such excuse.

      i know you won’t agree with me on this – but the pro-abortion lobby has taken over this case.
      i never thought i would say this – but i’m inclined to support the FG/Labour stance, to an extent,
      but i’m still suspicious of them – very suspicious.

      Reply
  • Can you imagine an Irish citizen making such demands of the US government, for example, if one of their loved ones died in that country under similar circumstances? It wouldn’t get very far, that’s for certain. The Irish government have already rolled over for Praveen Halappanavar once, which was bad enough.

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    • Ah ya, someone should have thought of that before! why aren’t we basing our moralistic and political principles around the states, god that’s ingenious!

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    • It was an example. I could have easily have said China, Russia, anywhere.

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    • I can’t imagine any other country in the world where something like this could happen (oh, wait, I thought of one maybe – the Taliban-controlled part of Afghanistan)…

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    • Oh china and Russia? Two other empires world renowned for their empathy and civil rights records. I think you’d find any country of comparable size, population, history and outlook would try their best in this situation.

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    • yes, the US government would most likely settle with your hypothetical Irish citizen, which will not bring their loved one back, but offers financial compensation and is a backhanded way of assuming accountability.

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    • I would hope no government of any country would be agreeable to being told what to do by one citizen of another.

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    • John Lawless I guess no one told you the members of the troika are not Irish citizens? Seems to me the Irish government are quite used to doing what they are told by others.

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    • Equating one citizen to a governing body is not feasible.

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    • @ John, I can see no reason why not any State would be immune. The legal impediment is that the USA has not ratified the European Convention and the legal grounds would be difficult to establish.

      By the way, law students from Galway have been actively and effectively involved in cases to release prisoners from Guantanamo and in the Innocence Project.

      I know many Irish lawyers who have with success, on their own and in collaboration with US lawyers have vindicated the rights of Irish citizens in the USA.

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    • @ John Lawless, it is not a citizen who will tell the Irish State what to do. It will be the European Court of Human Rights if the Commission admits the complaint. It disappoints me that for reasons of shabby expediency, the Irish State does not willingly, graciously and decisively give Praveen his rights under the European Convention.

      Why do I think that the Government is cynically deciding to let this get lost in Europe for a while and leave this for a subsequent government? The reality is that the government is worried that a quick and decisive objective inquiry might expose the State to having to revisit Article 40.3.3. Politically speaking, this situation is dangerous for the Government and it wants to hold together long enough so as to see the imposed austerity programme to the bitter end.

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    • Ah John, I haven’t seen the declaration of war from India, so what the hell are you on about. As any Nation does, in response to one of its own dying unnecessarily abroad, they are asking the RESPONSIBLE government to put actions in place to prevent totally preventable deaths of their citizens happening in the future. You really seem to have issues with a standard response from a foreign countries request for an investigation into something do serious, but hey, you probably think the BNP are the next best thing.

      Reply
  • If you’re going to complain about paying your share of the judgment in a case like this I hope you’re taking every opportunity to ensure that your elected officials make the law crystal clear that what these government employees (doctor, hospital, HSE) did was unequivocally medical malpractice.

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  • And the money comes out of the tax payers pocket!

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  • Ignorant human being.

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  • Absolutely in full support of Savita’s Family. It is an absolute disgrace the behaviour of the government. A woman’s life was taken because of a grey area in the Irish legalisation. Sorry to say but if this was one of our officals daugther’s do you think this would be the result or response from our government. Shame on them

    Reply
  • I can’t imagine any other country in the world where something like this could happen (oh, wait, I thought of one maybe – the Taliban-controlled part of Afghanistan)…

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  • Anna, I wish I could share your trust in the standard of health services worldwide….

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  • @Les, you are completely right, speculation is absolute folly, I only meant to comment on the decision to pursue through the ECHR as per the article, and Peter, you are right, the medical profession are probably the only profession I would have full faith in in this country, from ambulance to ward

    Reply
  • there’s already a thread on this very topic
    initiated an hour & a half ago
    why another thread??

    Reply
    • funny
      i ask a simple question
      i get 4 red thumbs
      don’t understand why i get any thumbs,
      but i thought i might get an answer to the question posed !!
      seems that’s not how things work around here !!

      Reply
    • Michael, please read the caption of each article. The first caption was about “may”. The second article was after the decision had been taken after the Irish Government failed to give even the courtesy of a reply to Praveen’s solicitor. The red thumbs may have been because it was not realised that you had genuinely failed to see the difference?

      You did spot the difference, did you not?

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    • thanks for your explanation, Peter
      don;t know if you’re involved in some way with the ‘running’ of this site ?
      anyway – i’m new to the site – don’t really know how it operates.
      i msust admit that i regarded the thread titles as topics for discussion, rether than news items.
      perhaps – that was my mistake.
      anyway – thanks again, man

      BTW – i disagree with most of what you post regarding the abortion debate, but you do present your views very well.
      i expect that you have a legal background.

      Reply
    • Michael, you are asking exactly the same questions as a FFG youth contributor on this site. Maybe you should contact him directly. He goes be the name of David Higgins.

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    • @ Cal1 Mooney
      what are you talking about ???

      “David Higgins” ??

      stop talking in parables
      say what you want to say in English, or as Gaeilge.

      Reply
    • Michael, if you don’t wish to read about this then don’t. It’s your free choice, that’s the beauty of a free world.

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    • @ james Connolly
      but i do “wish to read about this”
      that’s why i’ve read the comments & indeed posted my own comments to several threads on this topic.
      i didn’t understand why this thread was iniated after another almost identical thread had been iniated an hour & a half earlier.
      unlike you – Peter was gracious & explained things to me, & i thanked him for doing so
      what are you complaining about ??

      Reply
  • I think this ia a very improtant matter but dont you think the goverment and media are using this as a distraction from the budget next week???

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  • I hope he sues Enda and I Reilly personally for what they have said since her death. Each one said and I quite “On a personal level —–”
    This was a personal comment.

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  • Why would you hope that. Sue everyone. That’s moronic.

    Reply

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