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McGinleys suing HSE

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  • Registered Users Posts: 6,395 ✭✭✭Jequ0n


    She suffered from psychosis, which is why she was cleared. Not only had she been misdiagnosed (mistakes will happen), but her husband was never given any information about her state because of patient confidentiality.



  • Registered Users Posts: 19,417 ✭✭✭✭road_high


    She repulses me. I don’t buy fully into the “mental health” thing here- to murder three kids would take some doing, especially physically with the two older boys. Some neck on her, from blocking the late late show interview to now suing the HSE..fir her killing her own kids. Pure evil



  • Registered Users Posts: 6,041 ✭✭✭Former Former Former


    I hope that the HSE vigorously defends this.

    An inquest, an inquiry, complain to the Medical Council, there are plenty of ways to get to the bottom of what happened that don't result in the state paying you for killing your children.

    It's only two years since she killed them. Utterly shameful.



  • Registered Users Posts: 56,273 ✭✭✭✭walshb




  • Registered Users Posts: 1,750 ✭✭✭LillySV


    Anyone getting that kind of care should not be taking care of children on their own soon after … your damn right … I think this case proves that well unfortunately



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  • Registered Users Posts: 14,584 ✭✭✭✭Dav010


    Just to be clear about your last point, just in case any of the crazies who inhabit boards start saying the HSE was somehow negligent for not informing Mr McGinley of his wife’s medical condition, there are no degrees of confidentiality. Patients, particularly those with mental problems rely on the confidentiality of those medical professionals they discuss their problems with and would be less forthcoming and less likely to seek treatment if they thought their Doctor would be discussing it with others. So whatever blame may be attached to the HSE, not divulging confidential information is not one of them, and no Judge will attempt to breach the expectation of confidentiality relating to medical history.

    Also, people should not speculate on whether the HSE were negligent until the facts are heard, we do not know what or how diagnosis was arrived at, whether she was medicated, whether she took medication or followed the advice given etc.



  • Registered Users Posts: 4,426 ✭✭✭maestroamado


    We seem to have lost our moral compass as a people... the lawyers standards are pretty much the norm in Irish people... I think we picked it up from our American friends as litigation does not seem to be as common in the rest of Europe...



  • Registered Users Posts: 15,679 ✭✭✭✭Beechwoodspark


    Strange strange case. This woman KILLED her children yet she is looking to sue the hse over it? Have I got that right?



  • Registered Users Posts: 21,053 ✭✭✭✭Ash.J.Williams




  • Registered Users Posts: 14,584 ✭✭✭✭Dav010


    What has this got to do with lawyers standards? Everyone is entitled to seek legal advice and take a case if they feel wronged.



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  • Registered Users Posts: 2,833 ✭✭✭Mysterypunter


    I usually don’t comment on people with genuine issues, but I agree with this, and I think this woman is playing some game, doesn’t appear to have taken any responsibility and hiding behind legal loopholes, she is a killer, and killed her own children in a manner suggesting she knew what she was up to, but may be a split personality or a fantastic actor, Andrew McGinley is an impressive character and I don’t know if I would be capable of his level of forgiveness or understanding, I think his wife is a manipulator, but whatever they are suing for, the damage is done, it’s a tragic story whatever way you look at it, I wonder if this was a poor woman from a disadvantaged background how long it would have taken for the children to be put into care



  • Registered Users Posts: 2,066 ✭✭✭HerrKuehn


    right, but some "victims" and solicitors think that adults should be supervised on swings and be given instructions on how to use it. The legal system rewards that type of behavior.



  • Registered Users Posts: 1,750 ✭✭✭LillySV


    Oh sorry your right… it’s the Irish taxpayer that was wrong …..my bad



  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    If there were concerns for the children that were not acted on, then I can understand entirely why the parents would want this explored.

    Perhaps it could have been avoided.



  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    Any proof whatsoever that Gardai gave any information? You should be careful what you say on the boards, it's not anonymous really. False statements are libellous



  • Registered Users Posts: 1,829 ✭✭✭Lillyfae


    No wild speculation here, anything I've said is already in the public arena. Deirdre's actions, sure, but I believe that her culpability is diminished in light of the treatment she sought and didn't get. So does the court, hence the legal insanity verdict.



  • Registered Users Posts: 4,426 ✭✭✭maestroamado


    That's exactly my point everyone in this country is litigation mad... the legal profession are making the standards for our people...



  • Registered Users Posts: 6,395 ✭✭✭Jequ0n


    I agree with you that confidentiality should not be breached and that the treatment between patient and physician/ therapist. But the below, from the linked article, should be addressed in a review:

    “Many people have written to me since I have talked about family inclusion, that they have managed to get their loved ones’ consent to include them in their treatment plans. And yet still they are not included.”

    I appreciate that this will be difficult to manage since a patient could always retrospectively claim that they had not been of clear mind when they consented but you have got to start somewhere.

    Btw: she had obviously never wanted to have her husband involved in her treatment since she actively hid her illness, so the above scenario cannot apply to her.

    But it sounds like the case did open up discussions on areas within the HSE mental health services that need addressing.



  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    What makes you think 'no idea what she was doing' is the definition of insanity?

    The jury will have been given all information regarding the legal definitions and heard all the evidence.



  • Registered Users Posts: 8,239 ✭✭✭Pussyhands


    Hmm I'm kind of with you on this one but not fully. The HSE is not free. It costs about 20bn a year.

    That said, there are procedures and times where there's a high risk and humans are not perfect.

    I suppose it comes down to whether they followed procedures. I'm not qualified enough to know what the real cause of a lot of these settlements are but from hearing on the news some of them don't seem like negligence to me.



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  • Registered Users Posts: 14,584 ✭✭✭✭Dav010


    Patient confidentiality is not one of them, unless you want to accept that your medical history could be discussed with others if a Dr/therapist decides.

    In relation to negligence, that has yet to be decided, the Courts can conclude retrospectively that she must have been psychotic, but must now rule on whether the medical professionals should have known that in advance of her actions and that she posed a threat to life. A lot of people who kill others and themselves can seem perfectly normal to others up to the event.



  • Registered Users Posts: 6,041 ✭✭✭Former Former Former


    Here's what confuses me.

    This woman managed to keep the extent of her illness hidden from her husband that she saw all day every day, and did it so successfully that he he had no concerns about leaving his kids in her care.

    But the doctors that saw her every now and again, among hundreds of others, they must have been negligent not to pick it up?

    That doesn't make sense. These guys, both of them, just want it to be someone else's fault and now they want a big payday too. It reeks.



  • Posts: 0 [Deleted User]


    if there's no ability to breach that when there is a danger to others then it should be changed alright

    watch the bleating every time it's utilised mind you



  • Registered Users Posts: 2,066 ✭✭✭HerrKuehn


    From citizens information, the criteria for "Not guilt by reasons of insanity":

    A person will be considered legally insane if they were suffering from a mental disorder at the time of the offence and, as a result,

    • Did not understand what he or she was doing or
    • Did not know what he or she was doing was wrong or
    • Was unable to not commit the crime




  • Registered Users Posts: 4,426 ✭✭✭maestroamado


    I expect the solicitors expect something in itas likely the case is taken on the basis no win no fee...



  • Posts: 18,749 ✭✭✭✭ [Deleted User]


    Citizens information is not the legal definition of insanity.

    You need to look at the legislation



  • Registered Users Posts: 2,066 ✭✭✭HerrKuehn


    It's the same wording in the legislation from 2006:

    5.— (1) Where an accused person is tried for an offence and, in the case of the District Court or Special Criminal Court, the court or, in any other case, the jury finds that the accused person committed the act alleged against him or her and, having heard evidence relating to the mental condition of the accused given by a consultant psychiatrist, finds that—

    (a) the accused person was suffering at the time from a mental disorder, and

    (b) the mental disorder was such that the accused person ought not to be held responsible for the act alleged by reason of the fact that he or she—

    (i) did not know the nature and quality of the act, or

    (ii) did not know that what he or she was doing was wrong, or

    (iii) was unable to refrain from committing the act,

    the court or the jury, as the case may be, shall return a special verdict to the effect that the accused person is not guilty by reason of insanity.


    Unless you have another source?



  • Registered Users Posts: 14,584 ✭✭✭✭Dav010




  • Registered Users Posts: 222 ✭✭KingCong


    Doctor - patient confidentiality can and should be breached if the patient is a danger to themselves or others. See the Irish Medical Organisation's policy on this here. Relevant snippet below:


    Confidentiality v. Protection of the Patient

    Doctor’s have a responsibility to protect their patient. It may be necessary to disclose information about a

    patient where they are at serious risk of death or injury. For example: where a child or elderly person is at risk of

    violence or abuse.


    Confidentiality v. Protection of the Public Interest

    It may also be necessary to disclose information about a patient to protect other individuals or the wider public

    from harm



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  • Registered Users Posts: 6,395 ✭✭✭Jequ0n


    What’s the issue when the patient agrees to have their treatment plan details shared with a trusted person? I personally wouldn’t go for it but I know people who feel they need additional support outside the therapy setting.



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