Saturday 23 March 2019

Husband of tragic Malak denied notice party request

Alan and Malak Thawley
Alan and Malak Thawley

Tim Healy

The husband of Malak Thawley, who died during surgery for an ectopic pregnancy, has lost his bid to be joined as a notice party to proceedings by the National Maternity Hospital (NMH) aimed at halting a further inquiry into her death.

Mr Justice Michael McGrath ruled Alan Thawley did not meet the legal test to be joined as a notice party.

He had not shown the proceedings would directly affect him or established "exceptional" circumstances that required he be joined as a notice party against the wishes of the NMH.

For those reasons, and "not without some hesitation", he said he was refusing the application.

The case arises from the death of US citizen Ms Thawley (34) at the NMH on May 8, 2016.

Her husband sought to be joined as a notice party to the NMH's action against the Minister for Health and Children seeking to prevent a statutory inquiry by the Health Information and Quality Authority (Hiqa) arising out of her death.

The NMH is opposing the Hiqa inquiry, saying it would be extremely disruptive and have a "chilling effect" on the operation of maternity services.

Irish Independent

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