Regret but no apology from HSE

The HSE has ignored a request from the Ombudsman to issue a letter of apology to the daughters of a man who died in a long-stay residential facility in Ennis.
Instead, the HSE has issued a letter of “regret” to two daughters of the late Gerard Finn, Kilrush, concerning their dissatisfaction about the manner in which the authority handled complaints about his care in Cappahard Lodge, Ennis.
Lourda Finn and Sharon Murphy are angry that they have not received the apology they have been seeking since their initial complaints were registered in 2006.
The sisters have now called on Health Minister James Reilly to establish an independent Health Ombudsman, including people with medical expertise, to deal with all complaints and allegations of abuse in health facilities.
HSE Mid-West Primary Care, Community and Continuing Care manager, Bernard Gloster, said, “When any person enters into a relationship with the health service they are entitled to the confidence of knowing that information generated in the course of that relationship will be protected and will not be the subject of debate which is often adversarial in nature.
“While family members may choose to express their opinions, and are entitled to do so, and these opinions may differ within a family, the HSE has to adopt a broader view than that of any individual family member. In relation to the numerous issues raised by Ms Lourda Finn, the HSE has no further public comment to make.
“From the HSE’s perspective, correspondence with any individual or family is a private matter and remains so in this case and this applies to the correspondence referred to from Mr Greg Price of our National Advocacy Unit,” he said.
Having been forced to enter a “bureaucratic war” with the HSE since 2006, the sisters claimed all internal HSE reviews and investigations are a waste of time and taxpayers’ money and should be abolished as quickly as possible.
Two independent reviews of policies and procedures in Cappahard Lodge in 2008 and a separate investigation conducted by Michael Brophy, which was completed in September 2010 made 37 and 33 recommendations for the improvement of long stay residential care at local and national level.
The Ombudsman has told Lourda Finn in an email she was “very sorry that you are still waiting for the letter of apology from the HSE” and pledged to follow it up with the authority.
According to a HSE letter obtained by The Clare Champion, the HSE acknowledged the Brophy Report identified a number of system failings within the operation of the mental health service in Cappahard Lodge.
“A number of recommendations were made which had local and national implications and these have/are being implemented.
“I wish to take this opportunity to thank you for raising your concerns, and while we regret that you were less than pleased with your interactions with the HSE, I can assure you that all efforts are being made to implement the recommendations of the report so that older people will continue to receive a quality mental health service,” the HSE stated.
A review completed by the Ombudsman concluded the views expressed by the Brophy Review team “for the most part validate and support your concerns and the recommendations which they have made indicate that your complaints were taken seriously and investigated in a thorough manner”.
Mr Finn’s daughters expressed grave concern the HSE has not confirmed to them how many of the 70 recommendations in the Brophy and Donal Lyons report have been implemented at local and national level.
They felt that justice would have been done for their father and other patients if all of the recommendations were implemented following these two reviews.
“The general public are entitled to know what exact improvements have been made and what remains to be done,” said Ms Finn.
They recalled one of the most upsetting periods dealing with the HSE was when visiting restrictions were imposed for both of them in 2007 following allegations made against them.
They were informed the allegations were made to protect their father and other patients from potential harm.
Ms Murphy said she wrote to the HSE requesting details of allegations made against them in writing back in 2007 and has never received them. The two sisters insist they still do not know what the precise allegations are five years later.
Ms Murphy said she was told she could have one hour long supervised visits three times a week, which went on for about six weeks in the spring of 2007. She subsequently got a phone call a few days after St Patrick’s Day allowing her to go in and see her father on her own in an alcove at Cappahard.
Ms Finn said she went in to see her father with independent witnesses on about four occasions while visits were being supervised because she was so frightened at the time. “I believe the HSE were acting ‘ultra vires’ in relation to their requirement for supervised visits because it didn’t have a court or barring order at the time.
“On June 1, 2007, I was backed into a corner at Cappahard by two staff members and told I had to sign a form to state I would not be abusive. If I didn’t sign the form, I would not see my father again, I was told. It felt like I was being blackmailed.
“I didn’t see my father again until the day he died on June 6, 2007. I got to Cappahard around 2.30pm and I was told at 10.30pm we had to leave the unit. I left at 11pm and he died on his own at about 3.15am,” she stated.
Concern was expressed about the lack of any palliative care protocols and procedures for care of the dying in the Donal Lyons Report and this was expanded upon in the Brophy Report.
The sisters claimed they still hadn’t got any answer for the unexplained bruising on their father’s body as well as concerns about sedation and medication.

The Lyons Report concluded overall “our overwhelming impression is that this is a good facility, offering a good quality of care. Residents and relatives spoke highly of the care provided”.
The standard of care provided to Mr Finn at Cappahard Lodge has been praised by his wife, Anne, who believes the Brophy Report vindicates the facility.
In a previous interview with The Clare Champion, Anne Finn said she never felt that her late husband was the subject of abuse.
“I was never worried about Cappahard Lodge coming out in the wrong in this report. I was over visiting my husband three or four times a week between 11am and 2.30pm and I saw everything that was going on. I found no instances of abuse.
“Ger’s sisters also visited him regularly and none of us could find anything wrong,” she said.
The HSE has stated previously it had the benefit of these two expert reviews and is satisfied with the progress on implementation of the recommendations.