[Article] TB infected woman applies for release

Victor

What do people make of this case? Personally I'm leaning towards the protecting public health side.

http://www.irishtimes.com/newspaper/ireland/2008/1118/1226961466830.html

TB infected woman applies for release

A South African woman who has been detained in a Cork hospital for 11 months after refusing to accept treatment for a suspected drug resistant strain of TB has applied to the High Court for her release.

The hearing began yesterday before Mr Justice John Edwards.

The woman arrived here in 2001 and became ill towards the end of 2006. She was initially treated as an inpatient and then as an outpatient by the hospital. She has consistently refused treatment and the hospital has been unable to perform a specific test to determine what form of TB she is suspected to be suffering from.

The case before Mr Justice John Edwards continues

johnnyskeleton

I'd like to know more.

Personally, I would be very much in favour of individual rights and you would have to demonstrate a very high probability that this woman would infect people with an incurable disease before I would allow her to be released.

I don't think Judge Edwards has any option but to release her though. It's a pity, as whatever decision he takes will probably be the wrong one in the media's eyes. Our legal procedure is not really designed for situations like this. I'm presuming it's an Art 40 application, in which case the sole issue before the court is whether the continued detention is lawful.

As an aside, what does it mean they have been unable to perform the test? I'm guessing she is refusing to have a needle stuck into her. If that is the case, and she could spread TB throughout the population, I think she should be given the choice of staying in hospital, letting them treat her or else leaving the country.

taram

Can't believe 11 months of hospital resources are wasted on this woman! Saw relatives with TB recently, v.v nasty disease, would hate people to fall ill and possibly die due to this woman's refusal. If it wasn't a communicatable disease, then she should be free ofc, but if it wasn't the issue wouldn't have risen in the first place. More about it here: http://www.rte.ie/news/2008/1117/court.html

Our man in Havana

When is a decision expected?

Carawaystick

If the wording is as broad as rté report:

"The court was told that the woman was detained under the 1947 Health Act and 1953 Health Amendment Act, which allows a committing officer to detain and segregate a person who cannot be cared for in their home and who is a probable source of infection"

then it seems overly broad, like who hasn't some infection be it a flu, or staph on their skin or coliforms in their gut, all of which can be fatal;
and "probable" seems a low bar to deprive someone of their liberty.

The irony of a person being detained in Cork, where the hse do not give infants and children the bcg.

Victor

Those acts may be specificly referring to TB.

And on a public policy level, I imagine the Oireachtas and courts would side with the medical officer in holding people until the disease they suffer from is determined.

johnnyskeleton

Victor wrote: »

Those acts may be specificly referring to TB.

And on a public policy level, I imagine the Oireachtas and courts would side with the medical officer in holding people until the disease they suffer from is determined.

But the judge is not really given the discretion to say what he thinks is right or not; in these applications the only issue is whether she is legally detained, which may prove difficult to maintain.

Our man in Havana

Has she been released?

Victor

Its good that the hospital suggested she take the case - I just hope they don't ask for costs. :pac:

http://www.rte.ie/news/2008/1126/tb.html

Woman loses case over hospital detention
watch Wednesday, 26 November 2008 19:52

A woman who has been detained in hospital after refusing to accept treatment for a suspected case of drug resistant tuberculosis has lost her bid to be released.

At the High Court, Mr Justice John Edwards ruled the woman's detention, which has lasted 11 months, is lawful.

He has said her situation is dire and tragic and he will now ask for a medical examiner to visit the woman and assess her capacity to take decisions for herself.
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The woman, who is from South Africa, has consistently refused treatment and is currently detained in a hospital room which is specially pressurised.

Mr Justice Edwards noted that all medical staff treating the woman must be gowned, gloved, masked and goggled.

He praised the primary medical care team which has been caring for the woman. He said the staff were in a 'dreadful situation and have nothing but the best intentions at heart, but who are powerless to help the woman'.

The mother of two arrived in Ireland in 2001 and became ill towards the end of 2006.

Staff unable to carry out tests

Because the woman has refused treatment the hospital has been unable to perform a specific test to determine what form of TB she is suspected to be suffering from.

The woman had brought a case under Article 40 of the Constitution challenging her detention by health authorities under the 1947 Health Act.

Under this legislation, a person can be detained until the committing officer is satisfied that person is no longer a source of infection.

The Judge said the woman had rightly been encouraged to take a court case by the hospital and health services.

The case presented unique and tragic issues of public importance which the courts had to determine, he said.

After ruling that the woman's detention is lawful, Mr Justice Edwards said he will be asking the President of the High Court to send a medical examiner to assess the woman's capacity to take decisions.

If the woman refuses medical treatment, she may have to stay in hospital indefinitely.

However, the Judge said the Health Services will have to continuously assess the woman's case 'again and again' in a structured way to ensure her patient and constitutional rights are being vindicated.

donieD

As someone diagnosed with TB in Cork two years ago now thankfully recovered, I am extremely grateful for the treatment I received and especially that I had not passed it on to my young children. TB can be a fatal disease especially in relation to children and the elderly. You would be locked up if you walked around with a loaded gun in public so why the dilemma?