Michael Harty (Clare, Independent) | Oireachtas source

I wish to consider Deputy Kelly's question. The committee has been experiencing the response to this during the past month. If there was a policy of open disclosure that was delivered the moment an issue arose, then perhaps Professor O'Doherty would not have the flood of 15 cases coming down the line in a two-week period rather than one per year. If there is open disclosure, patients are accepting of receiving accurate information in a timely way. The purpose of open disclosure is of course to disclose. However, a side issue is that once patients are informed, they are satisfied that no negligence was attributed to the miss. They are happy to accept that and may not go down the litigious route. If information is kept from them, however, and then they discover it through other means, they become litigious. The point of open disclosure is to try to prevent litigation and to maintain confidence in the programme. That is the point that has come out in this committee and other committees in recent weeks. The view is that open disclosure will prevent litigation and maintain the financing of the service. It should not end up being overburdened by litigation.