The Third Party

national | rights, freedoms and repression | opinion/analysis Saturday July 15, 2006 22:15 by Sean Crudden sean.crudden at iol dot ie Jenkinstown, Dundalk, Co Louth. 087 9739945

A Voice Unheard

How far are the rights of the dead to be respected, upheld and vindicted by our judges and our courts? Has anyone the right to act in the name of a dead person?

"Outlining the background, the judge noted Ms Madigan married in 1995 and gave birth to her son three years later.

She had suffered depression in 1986 and 1987. She appeared to have made a complete recovery but continued to remain on Prozac until the time of her pregnancy in 1998 when she stopped taking the medication in consultation with her doctor. After the birth of her son, she developed significant depression which also manifested itself in the form of suicidal intent, the judge said. She was admitted to St Patrick’s Hospital and remained there until May 14th, 1998.

She was subjected to a number of drug therapies, her condition fluctuated dramatically and she was admitted at one stage to a ward reserved for the more serious patients showing suicidal tendencies. A nursing plan was set up for her and she had some weekend visits home.

There was continuing variation in her treatment relating to drugs administered and observation in accordance with the view of the nursing and medical staff who kept her under continuous observation, the judge said.

On May 10th, 1998, Ms Madigan went to a beach in Dungarvan, Co Waterford, drank a half bottle of brandy and contemplated drowning herself.

On her return to hospital she was placed in a more secure ward and deprived of having her own clothes and the freedom to be able to move around the hospital.

Those privileges were later restored and this meant she was free to move in accordance with the protocols of the hospital. The degree to which she was entitled to move was a clinical decision taken by the doctors.

On May 14th, Ms Madigan got up at the usual time and walked in the gardens and was seen by a doctor. She left her ward at 1.55 p.m. indicating she was going to occupational therapy but did not do so. She left the hospital about 2.05 p.m., as recorded on the CCTV, and had not been seen since. Her clothes were found on Bray Head and it was presumed she committed suicide.

Mr Madigan had claimed this was due to the failure of the defendants to keep her safe and secure, the judge said.

He found the regime chosen for Ms Madigan was considered appropriate at the time by the medical and nursing staff."

The above quotation is taken from today’s edition of The Irish Times - part of a report on the dismissal by Mr Justice Richard Johnson in the High Court of an action taken by Joseph Madigan, and his son Conor, against St Patrick’s Psychiatric Hospital over the death of his wife Catherine Madigan (37).

The report tells us categorically that the judge held that Mr Madigan had failed to establish any negligence by the hospital in relation to the observation accorded by it to his wife.

There had been no claim of negligence regarding her actual treatment, he noted.

Readers will form their own opinions on this aspect of the case.

The only point I want to make to indymedia readers - and I wish to do so as respectfully to Catherine Madigan’s family as I can - is this. What view would Catherine Madigan have given of her actual treatment if she were alive and able to walk into the court and testify?