The Health Information and Quality Authority (HIQA) has been asked by the Health Service Executive (HSE) to consider starting a statutory inquiry into the death of Savita Halappanavar at Galway University Hospital last month.
However the own investigation by the HSE is to continue.
Its chief executive Tony O'Brien says the decision by Praveen Halappanavar not to co-operate with its inquiry does not absolve it of its duty to investigate her death.
He said it would be criminally negligent not to proceed with this investigation.
Consent not required
The HSE also says the consent of Mr. Halappanavar is not required to allow Savita's medical records be examined by the investigating team.
That view has been supported by practicing barrister and lecturer at UCD Asim Sheikh.
"Legally speaking, the ownership of the records are with the HSE - and the HSE is entitled to undergo and set up an inquiry and look at issues that have occurred within its organisation" he said.
"There have been alot of questions as to whether the inquiry should be an HSE inquiry".
"These inquires are quite normal, they are routine - and one could also argue that they must happen to assure patient safety in the future as well" he added.
Earlier the Taoiseach was on to personally intervene and make contact with Mr. Halappanavar to discuss an inquiry into the death of his wife.
Fianna Fáil says otherwise this tragedy will become even more unsightly with possible open conflict in a court of law over medical records.
The party says the government is stuck with going on with an inquiry that nobody wants or can have confidence in.
Health spokesman Billy Kelleher has raised the issue at leaders questions in the Dáil.
"What I'm calling on this government to do is for the Taoiseach to personally intervene and meet with Praveen, to find out exactly what investigation would satisfy his concerns and that of his family" he said.
"Everybody in this House wants to get to the truth of the matter; everybody wants to find out what happened, and what can be done to avoid such similar circumstances in the future" he added.