Crumlin Children’s Hospital has declined to transfer to the proposed site for the new “world class� children’s hospital at the Mater Hospital on the North Circular Road in Dublin 7.

The reason for this refusal is that the site is inadequate for the project. If the site is inadequate, there will be deficiencies in the infrastructure for the new hospital. Without proper infrastructure (assuming the staff continue working in such circumstances) the task of delivering proper care to the patients will become more difficult than it need be.

The concept of “remoteness of damage� is not a bar to holding hospital managements liable in the tort of negligence for damage inflicted on patients due to inadequate facilities, although the proof of the inadequacy of facilities as a “causa causans� is inevitably difficult.

In addition there is a statutory duty on management to comply with section 12 of the Safety Health and Welfare at Work Act 2005 which reads:

“12.—Every employer shall manage and conduct his or her undertaking in such a way as to ensure, so far as is reasonably practicable, that in the course of the work being carried on, individuals at the place of work (not being his or her employees) are not exposed to risks to their safety, health or welfare.�