SAVE Our Acute Services (SOAS) has launched a legal challenge against the Western Trust over the ‘temporary’ suspension of emergency general surgery at South West Acute Hospital (SWAH).
Solicitor Conor Sally, representing SOAS, served a pre-action protocol letter to the Trust yesterday (Tuesday).
The action cites admissions by Trust chairman Tom Frawley that there was no plan to restore the hospital’s existing acute surgical service.
The comments were made during questioning at a Stormont Health Committee meeting in November at the SWAH, contradicting previous assurances given during public consultations.
Health Minister Mike Nesbitt has since clarified that any permanent removal of services cannot happen without his authorisation.
The pre-action protocol names the Department of Health, Fermanagh and Omagh District Council, the Regulatory & Quality Improvement Authority, the Public Health Agency, and the Patient Client Council as interested or notice parties.
SOAS spokesperson Donal O’Cofaigh said the letter, which gives the Trust 21 days to respond, could be followed by a judicial review seeking to quash decisions that have removed emergency surgical access for the local community.
“Following a review by our solicitors of the comments made by senior Western Trust executives before the Stormont Health Committee, they have now advised that a basis existed to issue a pre-action protocol letter,” said Mr O’Cofaigh.
He added, “The pre-action protocol is to be considered as immediately preceding an application for a judicial review seeking an order to quash all those Western Trust decisions in particular those which deprive our community of access to acute emergency surgical services.”
