03 Jul 2022

‘Mark’s death can change policy’

Mark and Roisin Molloy. Photo Denis Byrne.
A mother has said she hopes her son’s death will result in changes in maternity and health services in Ireland.

A mother has said she hopes her son’s death will result in changes in maternity and health services in Ireland.

Roisin and Mark Molloy of Castlebrack, Killeigh, Co Offaly, had sued the HSE as a result of the death of Mark after he was born alive on January 24, 2012.

The action by the couple against the HSE was settled on Wednesday.

The Kilcavan native said they are waiting on three different reports, particularly the HIQA investigation into maternity services at the hospital in Portlaoise.

The parents, who have four sons, sued for emotional suffering and distress as a result of the death of baby Mark two years ago.

His legacy, and that of other babies who died, would be if a new system requiring legal duty of open disclosure for all health care professionals is introduced, they said. “If there is an open disclosure policy, it will move away from the culture of blame,” Ms Molloy said. She said it is extremely important that not only are investigations carried out, but also then acted upon to ensure mistakes are not repeated.

She said a watchdog also needs to be in place, as well as full disclosure, otherwise “medical misadventure will continue and no-one will learn”.

Baby Mark was delivered by caesarean section at 9.31am on January 24,012, weighing 3.89kgs.

He was born alive and suffered a neonatal death but the HSE, the Molloys claimed, recorded the death as a stillbirth in the health care record.

It was alleged there was a failure to ensure baby Mark was born earlier and by 7.30am at the latest.

The Molloys claimed Mark’s death was caused by the negligence and breach of duty aggravated by the conduct of the HSE in relation to the recorded status of the bay’s death and the manner in which the Molloys’ enquiries and complaints were dealt with.

The HSE, it was alleged, failed to give a full and frank account of what caused the death of baby Mark and failed to carry out any timely investigation. It was also alleged they failed to keep accurate records of the labour and delivery.

It was also alleged that prior to receipt of the neo natal records on March 23, 2012, Mark’s death was misrepresented as a stillbirth. The pathologist who carried out the post mortem and the coroner were also told it was a stillbirth, it was claimed.

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