Oireachtas Joint and Select Committees

Thursday, 8 December 2016

Joint Oireachtas Committee on Health

Civil Liability (Amendment) Bill 2015: Discussion

9:00 am

Photo of Colm BurkeColm Burke (Fine Gael) | Oireachtas source

I thank the delegates for their presentations. I will refer to some of the issues touched on, the first of which concerns where there is an adverse event but no explanation of the outcome. I know of a case where it was decided that an external person would be appointed to carry out a review. The person to carry out the review was agreed to, but someone in administration decided they were not suitable. Eighteen months later, the expert review has still not taken place. While they can meet the family affected, the hospital staff would prefer to meet them and say what the external review found. However, because someone on the administration side of the HSE was dictating who should carry out the external review, the process has been delayed. In such cases the matter proceeds to litigation because the family immediately presume something is being hidden, while everyone in the hospital wants to ensure fair and accurate information is given. That is one issue. Have the delegates come across that issue, the lack of understanding on the administration side of the HSE of the urgency attached to giving answers to the families affected?

The second issue I wish to raise has been touched on. A number of parties are involved when there is an adverse event and some staff are extremely traumatised by it, but there is a lack of support for staff. This issue is being raised more and more. There is a feeling the adverse event only affects the patient or his or her family, but it also affects staff. What is the delegates' view on how we can improve the support levels for staff within hospitals?

The third issue that has been touched on and which I wish to mention briefly is direct causation. The delegates have stated different jurisdictions have examined the issue. Will they outline what those jurisdictions are and the difference the change has made. One of our problems is that we have now moved ahead of the United States in terms of the level of litigation within the health service and medical services. This cannot continue as it is costing a serious amount of money. We heard the figures this morning. We need to start working on how we can reduce the level of litigation and expedite the giving of explanations. Without introducing legislation, what immediate steps could be taken at ground level within various medical facilities? We seem to have parked this issue in a lot of places, but there has been very little change. I have heard of cases of people who prepared statements for inquests where no legal advice of any description was given before the statements were submitted. I am speaking about front-line staff, doctors and nurses, whom administration did not facilitate. What is the delegates' experience? What can be done at ground level at this stage to assist staff on the front line in order to reduce the problems being encountered? If a member of staff has experienced an adverse event, that will affect his or her work rate. How can we work with him or her? I am speaking about taking decisive action within a short period to help staff and ensure we can assist them in order that they can better perform in their jobs.

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