The chairman of the team investigating the death of Savita Halappanavar has been given the authority by the HSE to go to court to seek the release of medical records to assist his inquiry.
Last night, lawyers for Praveen Halappanavar said they would challenge any attempt by the inquiry team to access his wife's medical records.
The 31-year-old died following a miscarriage at Galway University Hospital last month.
Her husband Praveen has said the couple were repeatedly refused a medical termination, which he believes could have saved her life.
Asked in an interview with RTE's Prime Time last night whether he believed a termination would have saved his wife’s life, he replied: "Of course, yes."
Later in the interview he said: "I think you need balance, (to) look at the bigger life. She could have had more babies.... She will rest in peace if justice is done and the law is amended."
The widower’s solicitor, Gerard O’Donnell, said if they were successful in securing the medical documents, it would render the HSE’s inquiry "completely defunct".
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The solicitor said it was his understanding, based on previous cases, that the HSE must comply with this request to hand over the files and delete any copies from the system. If it does not, he said he will file a complaint to the Data Protection Commissioner and, if necessary, a High Court injunction to "restrain" any further access of the inquiry to the files.
The Health Minister James Reilly yesterday insisted the HSE inquiry into Savita Halapanavar's death would proceed, despite her husband's refusal to cooperate with it.
Mr Halapanavar has called for a full public inquiry into his wife's death, funded by the Government, saying he has no confidence in a HSE inquiry.
Meanwhile, President Micheal D. Higgins has said the inquiry into Savita's death had to meet the needs of the family as well as those of the State.
In an unprecedented intervention for a Presiden, Mr Higgins said the investigation must ensure that women get the medical services they are entitled to during pregnancy.
His comments were made on a trip to the UK yesterday.