Oireachtas Joint and Select Committees

Tuesday, 27 January 2015

Joint Oireachtas Committee on Health and Children

Medical Indemnity Insurance Costs: Discussion (Resumed)

4:30 pm

Photo of Séamus HealySéamus Healy (Tipperary South, Workers and Unemployed Action Group) | Oireachtas source

I welcome the witnesses and thank them for their presentations. What we have heard today is the other side of the coin. It gives us a much more balanced view of the whole issue following on from last week. Particularly welcome is the indication from all parties that they would be in favour of a statutory duty of candour. This is vitally important and is probably the cornerstone of changing the system and making it fit for purpose. The system as it stands is not fit for purpose, based on what we have heard today and last week.

I particularly welcome and thank Ms. Courtney for giving us her story and that of her daughter Bríd. She has given us a real insight into what it means to be involved in a situation where there is an adverse medical event, such as clinical negligence. She described it as being horrendous, lengthy and invasive, including having to contact and be examined by 27 different professional witnesses.

Ms Courtney also put her finger on something else when she said it is a very unequal struggle. That is another key part of this debate because it is very unequal. The inequality starts from the very moment the event takes place. The manner of dealing with these events continues to be to deny, defend and delay. That area, as well as the whole question of open disclosure as soon as possible, the question of getting misinformation or being misled, continues to be a problem for families. The statutory duty of candour is a key element of this. As much information as possible should be given as quickly as possible.

For families, that is most important. I wonder how we can ensure in the future that families and patients are treated properly, are given correct information early, are not misinformed and are not given misleading information. That is probably my only question. How do the various witnesses see that being put in place and being effective? How can that be done? Is it done in other jurisdictions and if so, has it been successful and how has it been done?

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