The HSE has confirmed that 62 children who underwent spinal surgery at Children’s Health Ireland (CHI) at Temple Street are being invited back for clinical review following an independent assessment of their care.
The Temple Street spinal surgery review was initiated after safety concerns arose in 2022 regarding the outcomes of complex spinal procedures carried out at the hospital.
This article explains the background to the Temple Street Spinal Surgery review, what it means for affected families, the legal rights of patients and parents, and the steps families can take if they have concerns about the care their child received.
What Happened at Temple Street Hospital?
In 2022, safety concerns emerged regarding the treatment of a number of paediatric patients who had undergone spinal surgery at CHI at Temple Street in Dublin.
These concerns centred on poor clinical outcomes associated with complex spinal procedures, including a high rate of post-operative complications and infections.
Two particularly serious surgical incidents, which occurred in July and September 2022, prompted the hospital and the HSE to take action.
In response, the HSE commissioned an independent clinical review in 2023.
The Temple Street Spinal Surgery review examined the cases of 91 paediatric patients who had undergone procedures carried out by an individual consultant.
The Temple Street Spinal Surgery review was conducted by Mr Selvadurai Nayagam, a consultant in orthopaedics and trauma.
What did the Temple Street Spinal Surgery Review find?
The first phase of the Temple Street Spinal Surgery review concluded that 62 of the 91 children examined require further clinical assessment. The remaining 29 children were deemed not to require recall.
The HSE has confirmed that there is no identified urgent risk to the children being invited back for review.
The purpose of the clinical recall is to determine whether the intended benefits of the surgical procedures have been achieved and to check on each patient’s clinical progress.
A second phase of the Temple Street Spinal Surgery review is still underway and will examine the broader systems and processes at the hospital relating to the surgeries.
The findings and full recommendations of the first phase have not been published at the time of writing.
What Is the Wider Look-Back?
The HSE has announced a broader look-back exercise covering surgeries performed by the individual consultant between 2016 and 2023.
This look-back will encompass all spinal procedures, limb reconstruction surgeries, and surgical dislocations of the hip carried out during that period.
The aim is to ensure that all patients who may have been affected are identified and receive appropriate follow-up care.
What Does the Temple Street Spinal Surgery Review Mean for Families?
Families of the 62 children identified in the Temple Street Spinal Surgery review have been contacted directly by the HSE.
Each family has been provided with a dedicated telephone number for support and further information.
The follow-up clinical Temple Street Spinal Surgery review appointments are intended to assess whether each child is progressing as expected following their surgery.
For some children, it may be too early to determine the full outcome of the surgical procedure.
In those cases, ongoing follow-up reviews will be arranged.
The National Orthopaedic Hospital at Cappagh has confirmed that it is scheduling follow-up review appointments for affected patients and that the majority are already in a follow-up process.
What Support Is Available for Affected Families?
The HSE has established a dedicated helpline for families who have been contacted or who believe they may be affected. The Freephone number is 1800-807-050.
For callers from outside Ireland, the number is (01)240 8706. Families are encouraged to contact this helpline if they have any questions or concerns about their child’s care.
What Are the Legal Rights of Affected Families Under Irish Law?
Families affected by adverse outcomes following medical treatment in Ireland have certain legal rights under Irish legislation.
It is important for parents and guardians to understand these rights and the timeframes within which they apply.
How Does Medical Negligence Law Apply in Ireland?
Under Irish law, medical negligence arises where a healthcare provider fails to meet the standard of care reasonably expected of a competent practitioner, and that failure causes harm to the patient.
The legal framework for medical negligence claims in Ireland is primarily governed by common law principles established through case law, supported by the Statute of Limitations Act 1957 (as amended) and the Civil Liability Act 1961.
In cases involving children, the statute of limitations does not begin to run until the child reaches the age of 18.
This means that families may have a longer period within which to seek legal advice and pursue a claim.
However, early legal advice is generally recommended so that evidence can be preserved and assessed in a timely manner.
What Is Open Disclosure and How Does It Apply?
The HSE’s Open Disclosure Policy requires healthcare providers to communicate openly with patients and their families when things go wrong in the course of treatment.
Under Part 4 of the Civil Liability (Amendment) Act 2017, open disclosure is encouraged as a means of providing patients and families with information about adverse events.
An apology or acknowledgement made under open disclosure cannot be used as an admission of liability in legal proceedings.
What Steps Can Families Take?
Families who are concerned about their child’s care may wish to consider the following steps:
- Attend all follow-up clinical review appointments offered by the HSE.
- Request copies of their child’s medical records from the hospital. Under the General Data Protection Regulation (GDPR) and the Data Protection Act 2018, patients have the right to access their personal medical records.
- Contact the HSE’s dedicated helpline at 1800-807-050 for information and support.
- Seek independent legal advice to understand their rights and options. Coleman Legal LLP provides guidance on medical negligence matters and can advise families on the appropriate course of action.
- Consider making a formal complaint to the hospital or to the Health Information and Quality Authority (HIQA) if they have concerns about the standard of care.
How Do Medical Negligence Claims Involving Children Work in Ireland?
Claims involving children are subject to specific legal provisions in Ireland. A parent or legal guardian typically brings the claim on the child’s behalf.
The court must approve any settlement reached in a case involving a minor, in accordance with the Courts of Justice Act 1936 and the rules of the Superior Courts.
The Personal Injuries Assessment Board (PIAB), now known as the Injuries Resolution Board, is the statutory body through which most personal injury claims must first be assessed.
However, medical negligence cases are often complex and may be released from the PIAB process to allow them to proceed through the courts.
It is important for families to note that each case is assessed on its own facts.
The existence of a clinical review or look-back does not automatically establish negligence.
An independent Temple Street Spinal Surgery review of the medical records by a qualified medical practitioner is typically required to determine whether the standard of care was met.
Frequently Asked Questions About the Temple Street Spinal Surgery Review
Q: What is the Temple Street spinal surgery review?
A: The Temple Street spinal surgery review is an independent clinical assessment commissioned by the HSE in 2023 following safety concerns about the outcomes of complex spinal surgeries performed on children at CHI at Temple Street.
It examined 91 cases and found that 62 children require further clinical follow-up.
Q: How many children are affected by the Temple Street spinal surgery review?
A: The Temple Street Spinal Surgery review examined 91 paediatric patients. Of these, 62 children have been identified as requiring further clinical assessment.
The remaining 29 children are not being recalled. The HSE has also announced a wider look-back covering procedures performed between 2016 and 2023.
Q: Is there an urgent risk to the children being recalled?
A: The HSE has stated that there is no identified urgent risk to the children being invited back for clinical review.
The follow-up appointments are intended to check on each patient’s clinical progress and determine whether the intended benefits of their surgery have been achieved.
Q: What should I do if my child had spinal surgery at Temple Street?
A: If your child had spinal surgery at CHI at Temple Street and you have not been contacted, you can call the dedicated HSE helpline at 1800 807 050 for information.
You may also wish to request your child’s medical records and seek independent legal advice to understand your rights.
Q: What is the time limit for making a medical negligence claim for a child in Ireland?
A: Under the Statute of Limitations Act 1957 (as amended), the limitation period for personal injury claims is generally two years from the date of knowledge.
However, for children, the limitation period does not begin until the child turns 18. Despite this, early legal advice is advisable to preserve evidence.
Q: Can I access my child’s medical records from Temple Street Hospital?
A: Yes. Under the General Data Protection Regulation (GDPR) and the Data Protection Act 2018, you have the right to access your child’s medical records.
You can submit a written request to the hospital’s data protection officer. The hospital must respond within one month.
Q: What is the role of HIQA in hospital reviews like this?
A: The Health Information and Quality Authority (HIQA) is the independent authority responsible for monitoring and regulating healthcare services in Ireland. HIQA may carry out inspections and investigations where concerns about patient safety arise. Families may also make complaints directly to HIQA.
Conclusion
The Temple Street spinal surgery review represents a significant clinical recall affecting 62 children who underwent procedures at CHI at Temple Street.
While the HSE has confirmed that there is no urgent risk to the children being recalled, the situation understandably raises concerns for families.
Understanding the review process (Temple Street Spinal Surgery Review), the support available, and the legal rights of affected families is an important first step.
Families who have questions about their child’s care or who wish to understand their legal options can contact Coleman Legal LLP for guidance.
Our team can provide factual information about the medical negligence process in Ireland and help families understand the appropriate next steps for their particular situation.
