‘We Had To Fight Tooth And Nail To Get Some Form Of Reasonable, Respectful Apology’

The late Malak Thawley and her husband Alan

Yesterday.

At the Dublin Coroner’s Court.

Coroner Dr Myra Cullinane returned the verdict of death by misadventure in respect of Malak Thawley, a US citizen living in Blackrock, Co Dublin.

Malak was seven weeks’ pregnant when she died, aged 35, at the National Maternity Hospital, Holles Street, Dublin on May 8, 2016.

The cause of death was a tear in the abdominal aorta during the course of surgery for an ectopic pregnancy.

This morning, Caoimhe Haughey – solicitor for Malak’s husband Alan – spoke to Cormac Ó hEadhra who was filling in for Seán O’Rourke on the Today with Seán O’Rourke show.

Towards the end of the interview, after Ms Haughey explained what happened before Malak’s death and the findings of the inquest, Mr Ó hEadhra and Ms Haughey  had the following exchange:

 Cormac Ó hEadhra: “Can I read for you, if you don’t mind Caoimhe Haughey, it’s a statement we have from Holles Street Hospital?”

Caoimhe Haughey: “Yes.”

Ó hEadhra: “They say our thoughts are very much with Mr Alan Thawley on this difficult day. We acknowledge the terrible loss he has suffered and the pain and grief he has endured since the death of his wife while in our care. Once again, we take the opportunity to unreservedly apologise for the shortcomings in our care that led to Malak’s death. From the outset we have fully accepted our liability in this case. Mr Thawley has suffered a most devastating loss, they say, and there is one or two more lines: we have conducted a robust, internal review which began the day after Mrs Thawley’s death. We know that nothing can bring Malak back. However, we are determined to continue to implement all that we have learned from this investigation in our clinical practice. Our primary concern today is for the late Mrs Thawley’s husband and family. We would like to thank the coroner, they say for the thorough manner in which she has conducted this inquest and we sincerely hope that the proceedings will have gone some way towards answering the questions the family of the late Mrs Thawley have.”

Haughey: “Well, just two points there that I’d like to address: in the first instance, it is not correct to say that the hospital acknowledged from the outset the shortcomings. There was an internal review that went on for a number of months. Mr Thawley was repeatedly asked to participate and we made it very clear that he just was not in a position to do so. We had to fight tooth and nail to get some form of reasonable, respectful apology. And it took a number of months. The first apology we received was written on headed notepaper from a solicitor’s office with no personal sentiment whatsoever.”

Ó hEadhra: “I’m led to believe that, in terms of the communication, Alan Thawley was given the mobile, the personal mobile number of the Master of the hospital and also that the hospital did admit liability from the very start?”

Haughey: “There is, yes, that is correct that the Master of the hospital did offer support to Mr Thawley but it was within hours of him being told the most devastating news. So he just wasn’t in a position to process anything at that point. No, it is not correct that the hospital admitted liability from the outset. Absolutely not. And I want to make that very clear.”

Ó hEadhra: “Ok, that’s their side of it I think but you contest that. Ok, well  it’s an absolutely devastating tragedy for all concerned. Of course  absolutely and most for Mr Thawley, our thoughts and prayers are with Mr Alan Thawley on the passing of his wife. Caoimhe Haughey, his solicitor, thank you…”

Verdict of death by medical misadventure returned at inquest (RTE)

Related: Report finds pregnant woman died after doctor tore artery during surgery (RTE, October 2016)

Listen back in full here