<p>
	HSE chief Tony O&#39;Brien has not ruled out taking court action for the removal of a patient who no longer needs acute care but refuses to leave hospital - despite supports being provided.</p>
<p>
	Mr O&#39;Brien was speaking yesterday after an outcry over an internal memo which said legally these patients are &quot;trespassers&quot; and could be removed with minimum force.</p>
<p>
	Mr O&#39;Brien apologised for the offence caused by the memo, which he said was prompted by a case involving a patient in 2012 who would not leave hospital.</p>
<p>
	He stressed that cases like those happen rarely. It led to a call for clarification.</p>
<p>
	He said the HSE would never use minimum force, but may have to take court action.</p>
<p>
	&nbsp;</p>
<p>
	Problems</p>
<p>
	The memo should not have been circulated as widely as it had been, he said.</p>
<p>
	Two years ago, St James&#39;s Hospital had to go to court after an elderly patient who had been there for four years refused to leave.</p>
<p>
	The case went to the High Court and the hospital argued it had secured a nursing home place for the patient, which was more suitable to their needs.</p>
<p>
	Hospitals frequently have to deal with a range of social problems relating to a patient&#39;s home life, which can lead to problems around discharge.</p>
<p>
	Mr O&#39;Brien told the Oireachtas Health Committee that hospitals would never resort to physical force to remove a patient from a ward.</p>
<p>
	He said the memo refers to the law &quot;and it was withdrawn after two weeks&quot;.</p>
<p>
	&nbsp;</p>
<p>
	(Published by the Irish Independent on the 11th November 2016)</p>
<p>
	<a href="http://www.independent.ie/irish-news/health/hse-may-go-to-court-to-eject-patients-35206332.html">http://www.independent.ie/irish-news/health/hse-may-go-to-court-to-eject-patients-35206332.html</a></p>
