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 Kate O'ConnellKate O'Connell (Dublin Bay South, Fine Gael) | Oireachtas source

I wish to refer to some of the points raised by Deputy Louise O'Reilly. Reference was made to this being a consultant's problem. The question is: who is in charge? I am mindful of the fact that there are recruitment challenges within the HSE and I am seeking the views of the deputations since they represent the people who work in hospitals. Let us suppose a hospital consultant is in charge of a team but had no involvement in its recruitment. Perhaps there is anecdotal evidence that some of those filling posts may not be the optimum people to fill them because of a shortage of applicants. Perhaps I have it wrong, but how on earth can a hospital consultant be the person to take the hit when he or she had no involvement in the recruitment of the team? He or she may not necessarily be 100% happy with the standards of those operating in it. It seems a little unfair, therefore, that the hospital consultant is the person who is in the firing line.

Let us suppose an adverse effect occurs at birth. There are certain practicalities. Given all of the dealings I have had in hospitals in recent years, it is my understanding everyone is usually working at maximum capacity. How then can we pull a consultant out of the system and into a room when he or she probably has 40 other things to do? Let us assume the mother is alive, that the father is present and that something has happened to the newborn infant. I can picture myself in that scene. If two doctors and a person involved in administration were to land in on me, I would immediately take the view that it was a little much. The consultant leads the team and is responsible, but what are the practicalities involved? How would a panel of individuals landing in on a patient after an adverse event be perceived by the patient?

We need to protect staff. Let us suppose medical staff are working in situations that are not the optimum and that things are not ideal in an emergency department or delivery suite. How will the hospital be made liable for the terrible conditions in which staff may be working? Sometimes things are not within the control of staff at all. A team might be down two staff members; there might be a leak or perhaps someone did not put the trolley in the right place. I am concerned that someone who entered medicine to help and cure people is constantly blamed when everything goes wrong, especially when some things could not possibly be his or her fault.

There is also the question of burnout having worked for ten years at maximum capacity. Is this issue dealt with at any stage when people are training? Are they told that they will have ten good years in intensive care and will then be put out to pasture for the remainder of their careers? It seems that we are not placing much value on people if it is acceptable that we will work the living Jesus out of them for ten years and then send them away on their bike because we can get in another gang of fools to be worn out in the following ten years. The team is ultimately responsible.

There is also the right to one's good name. I am always mindful of this when I hear things in the news about certain events. Someone from RTE may be in front of a medical person who may not necessarily have done anything wrong. I am conscious that this must be of concern to his or her family. Obviously, people assume that if others are on television, they have done something wrong. I am conscious of the stress this might cause for their families, as well as for themselves. What is in place to protect them and provide counselling for them to deal with any post-traumatic stress they might suffer after an incident?

Let us suppose a professional is involved in a situation where something bad has happened and he or she goes to the patient to explain what has happened. How will he or she treat someone else immediately after that? Is this built into the skill set such that the professional will be able to compartmentalise it and move on to the next job? This is about professionals being the fall guy and being in charge but perhaps not being able to control the situation. It is a question of being held responsible for things they cannot possibly control. I am keen to hear the comments of the deputations on that point.

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