Ray Managh
A 19-year-old woman, who was facing death from an anorexic-like condition before a judge intervened to save her life, is to be allowed out of the hospital where she has been detained for treatment.
High Court President Mr Justice Peter Kelly directed that the woman be freed to live a supervised lifestyle for the next six weeks in a village for elderly emigrants who have returned to spend their final days in Ireland.
She will be allowed visits from family members and in turn allowed to visit them at their home but will not be allowed to overnight with them which, Judge Kelly said, would be entirely inappropriate.
Judge Kelly, who had directed that HSE personnel appear before him to explain a breach of his order, accepted the apology in open court of a HSE psychiatrist who permitted the woman visit her family overnight in breach of court directions.
After outlining details of a proposed hospital discharge plan for the woman, the doctor told Judge Kelly he was not aware at the time that he was breaching the court order that he had already been shown by HSE staff.
Judge Kelly said he accepted the decision to release the woman had been done by the doctor in what he considered was in the best interest of the woman and in ignorance of the legalities attached to the court order.
He congratulated the doctor on what he described as his refreshing honesty and acceptance of responsibility for the breach. He said he had not attempted to pass off blame for the breach on anyone else.
The woman, who cannot be identified for legal reasons, was less than six stone in weight when the court made an order three months ago allowing doctors administer life-saving treatment to her.
The court had heard that it was not a question that she might die but would die if not treated.
The doctor said the woman had responded well to treatment and was now just short of normal body mass for someone of her age and stature.
He told Judge Kelly the woman had felt caged in the hospital and, in tears, had begged him to allow her occasionally leave the hospital.
Judge Kelly said he accepted that an appropriate plan for the woman’s treatment and care over a period of the next six weeks had been put in place and he lifted his order detaining her in hospital.
She would be placed in a single unit in a residential home for the elderly and retired where a nurse would be on duty at all times and she would have an alarm button beside her bed. The move would allow her an element of independence while attending occupational training outside the village.
Judge Kelly made an order for the woman’s discharge from the general hospital in which she had been treated and directed that in the event of it becoming necessary she should receive medical treatment at the discretion of the clinicians in charge at her mental and physical welfare.