Woman sues HSE over videoing of birth for study

A woman who gave birth at Cork University Maternity Hospital has sued the HSE for damages for distress caused by the videoing of procedures for research.

Woman sues HSE over videoing of birth for study

Laura O’Neill of 29 Hillcrest Avenue, Blarney Rd, Cork, gave birth on April 8, 2014, but she said she was very distressed to find the birth was video-recorded.

The defence told the court she was asked if she consented to the videoing and that she did . This was disputed.

Judge Gerard O’Brien was also told yesterday in the civil action at Cork Circuit Court that as soon as it was brought to the attention of staff that Ms O’Neill was unhappy about the recording she was told it would be deleted immediately.

The plaintiff’s barrister, Denise Mulcahy, said no written consent was given and that if, as the defence contended, she was asked if she consented when she was in the labour ward, she could have been confused and distressed and this would have been a totally unsuitable time to ask.

Dr Karthikeyan Srinivasan said consent for videoing of the procedure for use in research on epidurals could only be sought from the patient after the decision was made to opt for an epidural. He told HSE barrister, Deirdre Keane, that was done on this occasion.

Ms Mulcahy argued it was not sufficient for the doctor to say he perceived she had the capacity to give consent.

Anaesthesiologist, Colm Lane, said the only time the epidural could be requested was in the labour ward .

Judge O’Brien adjourned the case until March 29 for written submissions on the law.

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