A dispute has developed between the author of an unpublished report into matters relating to the Leas Cross Nursing Home and the Health Service Executive, which commissioned the independent report last year.
Professor Des O' Neill, a consultant in old age medicine at Tallaght Hospital, told RTÉ News that his report submitted to the executive five months ago is his final version and that he will not be revisiting the matter.
The HSE says the report is not publishable in its current form, until certain individuals criticised in it are given an opportunity to respond.
Prof O'Neill told RTÉ News that under the terms of reference for his report, agreed with the HSE last year, he was to review 'contemporaneous records' and make findings and recommendations.
His report was submitted in May 2006 on that basis. He said he will not agree to a HSE request, since his final report was submitted, to consider responses by individuals criticised in the report.
The HSE said that after receiving Prof O'Neill's report in May, the document was forwarded to its legal advisors.
It said that any decision regarding the publication of the report cannot be made until its legal review is complete.
The report identified 105 patients who died at Leas Cross, or after transfer from the private nursing home to hospital, between 2000 and August 2005, when the facility closed.
It says that while the annual mortality rate at 38% was somewhat higher than might be expected, it does not find that any of the deaths were preventable.
It found that Leas Cross had an inadequate number of suitably trained staff.
The report says that what occurred at Leas Cross cannot be assumed to have been an isolated incident.
The HSE has said people can be assured that no other nursing homes are operating below acceptable standards and that the inspection process is robust.
Among the main recommendations in the report are that the Department of Health and Children establish a clear policy in relation to care of the elderly and that a national monitoring system for vulnerable patients be established.
It also says that the proper ratio of trained staff per patient must be in place in all nursing homes, as well as the promised statutory public nursing homes inspectorate.
