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 Mary Mitchell O'ConnorMary Mitchell O'Connor (Dún Laoghaire, Fine Gael) | Oireachtas source

I thank the witnesses. My question is for Ms Courtney. Her husband Brendan is present. I saw a picture of their little daughter on Deputy Doherty's iPad.

I wish to refer to point 11 in Ms Courtney's submission. Perhaps my question is too personal to answer. Ms Courtney was waiting until 2010, I believe, before getting some money towards the care of her daughter, who at that stage was six or seven. To do the right thing, Ms Courtney had to support her daughter and get the best she could get. Money must have been an issue for her. She had appointments with solicitors, doctors, etc. When she needed the most help for her daughter, there was actually no money available and no resources. Bearing in mind that it has taken so long to bring that case, is there a way in which money could be made available to the parents towards the care of the child who has suffered from medical negligence? That would be useful and helpful until the legal people, doctors and hospital administrators decide who is liable.

We are like Solomon here. We heard the perspective of the consultants and insurers last week and we are hearing a very different one today. Last week I asked whether the new legal duty of candour in the United Kingdom has resulted in a change of policy on the part of insurance companies. I asked whether it will result in less aggressive policies in hospitals and insurance companies. Could the legal practitioners who are present state what we could expect to happen if we introduced the duty of candour? How would circumstances change, including for Ms Courtney? How would circumstances be different for families? I am really interested in the victim.

I do not believe the second question I asked on the last occasion was answered. I asked about the statute of limitations. I am a little confused about it. I believe I was told there was a period of two years, but then I heard Mr. Boylan mention something about ten years. Has the period changed in the meantime? Could the delegates fill me in? I am concerned about what occurs when children are involved. The statute of limitations for children involves a very short period. Perhaps a child will grow up and want to take a case himself or herself, despite the views of his or her parents. I am concerned about that. Perhaps the delegates could answer my questions on this.

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