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Over recent years, alarming revelations have emerged around spinal surgery for children in Ireland, particularly at Temple Street and under the governance of Children’s Health Ireland (CHI).

Of particular concern, was the use of non-approved spinal implants: The Health Information and Quality Authority (HIQA) confirmed that between 2020 and 2022, at least three children received metal spring implants during spinal surgery that were not CE-marked medical devices.

Families were reportedly not informed about the experimental nature and risks of these devices.

There have also been long waiting lists and the inappropriate removal of some children from surgery lists. In at least one reported case, a boy with life-threatening scoliosis was removed from the urgent surgery waiting list without his family being informed, despite multiple medical opinions recommending surgery. Tragically this young boy died as a result of complications of his condition.

Because of these events there has been a call for a full public inquiry into the shortcomings of scoliosis and spina bifida care

While Taoiseach Micheál Martin agreed an inquiry was necessary, he told the Dáil that the precise nature of the inquiry had yet to be decided upon. Minister for Health Jennifer Carroll MacNeill said she would “reflect” on what is a “very, very serious issue” and discuss the issues with the families of the children involved.

Mr Martin added that Ireland does have to do “much better” when it comes to the provision of health services for children, and he “understood the anger” of parents whose children are waiting for surgery.

Elaine Hickey, Head of Medical Negligence at Tracey Solicitors LLP said this is another example of how a lack of accountability within children’s health service can have devastating impacts on children and their families.

“When medical treatment fails a child, the consequences can be deeply traumatic for parents and families. This evolving scandal has cast a harsh spotlight on the medical treatment of children and the potential for serious medical negligence in this area.

While the law cannot undo pain and suffering, it can be a path to accountability and in ensuring mistakes are not repeated.

I would encourage anyone who has been impacted by failings in the health service to speak to a specialist medical negligence solicitor to assess their options,” said Elaine.

How errors in scoliosis and spina bifida treatment can constitute medical negligence 

The spinal surgery controversy shines a light on multiple ways in which medical negligence claims may arise.

Unauthorised devices 

Implanting medical devices that are not properly certified or approved is a clear risk. If a surgeon or hospital uses devices without regulatory clearance, that is a deviation from accepted professional standards and may constituting a breach of duty of care.

Failure to get informed consent

Parents must be told about the risks, benefits, and alternatives of treatment, and whether the procedure is standard or trials. If families are not informed that the implants were unapproved or experimental, this may be a significant breach of the duty of care.

Delayed treatment or removal from waiting lists without notification

If a child’s condition deteriorates because of delays in appropriate treatment, or if a child is removed from a waiting list without proper notice or justification, the hospital may be liable for harm caused by that delay or omission.

A medical negligence case will need to prove that a breach of care directly caused, or contributed to additional injury, worsening of condition, extra surgeries, pain, disability, or reduced life quality. For example, a delay or flawed implant could lead to severe spinal curvature, respiratory problems, neurological damage, or paralysis.

What to do if you have been impacted by medical negligence

If you believe your child was affected by medical negligence, you may wish to consider the following:

1. Seek medical advice / second opinion: Get independent assessment of your child’s current condition, prognosis, and how their health may have worsened by any delays or errors.

1. Keep all medical records: Medical notes, scans, correspondence, consent forms, surgery reports, waiting list documentation and hospital letters can all serve as evidence for the case.

1. Seek legal advice as soon as possible: Medical negligence cases are complex and time-sensitive. A solicitor experienced in medical negligence, particularly paediatric cases, can assess whether there is a viable claim.

1. Be aware of the time limits: There are strict time limits for making a medical negligence claim – this is typically two years minus one day following the date of knowledge of the injury. However, in children’s cases, if there is no claim made in the two years following the incident, the two-year time limit to make a claim starts again on the date of the child’s 18th birthday.

Sources:

1 Inquiry into CHI care will be ‘effective’, says Taoiseach

2 HIQA CHI Independent Review