Striking A Balance In Discovery Applications: Confidentiality Of Statements

In considering whether to grant discovery of statements made by hospital staff to a risk management enquiry, the High Court had to consider two competing public interests, namely the public interest in the truth-finding function of the Court and whether this was outweighed by the public interest in improving patient outcomes in the future.

Background

The case of Cliona O'Keeffe and Alan Doran -v- Governor and Guardians of the Hospital for the Relief of the Poor Lying in Women Dublin¹ arose from the management of the birth of the Plaintiffs' baby girl, who died shortly after she was born. Following the incident, hospital staff were encouraged to make statements to a risk management enquiry, for the purpose of establishing learning outcomes. While the Plaintiffs had been provided with a report of the outcome of the enquiry, the hospital declined to disclose the statements citing confidentially had been assured to the hospital staff. The Plaintiffs sought discovery