Bernard Durkan (Kildare North, Fine Gael)
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I promise that I will be as quick as possible. I apologise for having to leave earlier, but I had to attend another committee meeting. Unfortunately, the medical profession has not yet identified a way to enable people to bilocate, but I am hopeful.

I thank the delegations for sharing their views with us. A few simple things affect us all and we all have personal experiences. For the individual directly affected, it can have a positive or a negative impact that will never leave. In the past year and a half I had five experiences with which I was unhappy. The matters were not personal but concerned my constituents. If things had been done differently at different times, the outcomes would have been different. I appreciate the suggestion the health sector is under-resourced, understaffed and overstretched, but I am not sure it applies in all cases. Three things happen. First, there is a fatality and the case ends up in court. Serious problems arise, including castigation, etc. Second, there is permanent damage, which is sad, especially where children are involved. Obviously, the parents are traumatised, as is the child, and forever will be. Is there something wrong with the procedures in dealing with some cases? I do not know the answer as I am not an expert in this area. Third, there is the event that is near fatal. Fortunately, in this case the person recovers. Without a shadow of doubt, there should be a meeting held and an admission of responsibility. Unfortunately, none of this happened and it was left to me to arrange a meeting at which nothing was admitted because an apology would have provided a basis for future litigation. I do not see why a meeting cannot take place, without prejudice, and there cannot be an admission. I do not see why an ex gratiapayment cannot be issued in some cases in a situation where hundreds of thousands of euro or, in some cases, millions would otherwise be awarded through the courts.

I agree entirely with Dr. Ryan that one is better off in being upfront in addressing cases from the beginning. There should be a policy of dealing with cases when things go wrong, which would mean openness and disclosure. Such a policy would generate public confidence and a patient would realise he or she was dealing with an institution which would not cover anything up, even for its own sake, which wouldl outline the circumstances involved, the situation that presented itself and whether it could have been prevented. By all means, the health service should take that route.

There is nothing wrong with mediation. On numerous occasions I have participated in mediation in such cases and other circumstances. In some cases the courts had failed, but I will not continue in this vein. The point that abides with me is simple. Public and patient confidence must be restored. If it does not prevail, it will dampen the medical profession, hospital services, general medical services, etc. To what extent can the delegations advance the possibility of mediation and the offer of an ex gratiapayment without prejudice? Even though irreparable damage has been caused to a person or a person may have passed away, in some cases the hurt can be assuaged by somebody deciding to make an offer. Let us remember that if a case goes further, it will cost a hell of a lot more.