Wednesday 20 September 2017

Hospital wants court to grant injunction compelling man - who refuses to leave - to move to another medical facility, High Court hears

Everything the hospital had in its power to do for the man had been done, counsel for the hospital said.
Everything the hospital had in its power to do for the man had been done, counsel for the hospital said.

Tim Healy

A PATIENT with a serious medical condition has refused to leave the hospital where he has been undergoing a treatment programme over the last number of months, the High Court has heard.

The hospital wants the court to grant it orders including an injunction compelling the man to leave the facility and move to another medical facility.

The matter came before Mr Justice Paul Gilligan today, when he granted the hospital's lawyers permission to serve short notice of the proceedings on the patient.

The application was made ex-parte, where only one side was present in court.

The patient or the hospital cannot be named.

The judge said the court would review that order when the matter returns next week before the court in the presence of the patient and or his legal representatives.

The court heard it had been arranged for the patient to be transferred to another hospital after several other options had not worked out.

Everything the hospital had in its power to do for the man had been done, counsel for the hospital said.

Counsel said the patient after making demands on the hospital it could not meet refused to leave the facility and move to a new facility.

The gardai had been called but the patient remains at the facility, counsel said.

Counsel said the man's treatment at the hospital "had plateaued" and there is a long list of people waiting for a bed at the facility.

Unusually, counsel said, prior to the patient's admission the hospital had entered into a contract with him whereby the patient had agreed to leave after his treatment programme had been completed.

The contract was entered into due to the patient's particular circumstances.

It is the hospital's case the man is not honouring that agreement, counsel said.

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