Mary Harney (Dublin Mid West, Progressive Democrats)

I thank the Deputy for his comments. A process relating to referrals for women who have concerns is, in effect, up and running. I understand the HSE is in contact with general practitioners in order to make available to them information relating to the precise referral arrangements in each region. This matter relates to hospitals other than that in Ennis. The idea is that there will be a person in each region whom general practitioners can contact. Referral appointments can be made after women have contacted their GPs.

There is a culture of denial, embarrassment and, perhaps, guilt that takes hold when mistakes occur. The medical community here is probably no different than those in other countries. I have attended many patient safety seminars in Ireland and elsewhere since I became Minister for Health and Children and the pattern often appears to be the same. One would hope, particularly in light of enterprise liability, it would be somewhat easier to come to terms with errors. We have a great deal to do in the context of changing the culture relating to how we respond to patients or their loved ones when an error has occurred. It will take some time to achieve this because changing a culture is one of the most difficult things to do in any walk of life, not least in the area of medicine.

We recently appointed a new medical council, the majority of the members of which are lay persons. The purpose of that was to bring a wider dimension to the regulation, training and education of medics in this country. Some doctors who are on the council and who were reluctant for a majority of its members to be lay persons are of the view, even after only a few meetings, that this is a worthwhile development.

I am strongly of the view that when it is clear that an error has occurred, people should not be forced to have recourse to the courts in order — I do not know if this is the appropriate language to use — that they might be compensated. An arbitration system is far more compassionate and responsive. I have already spoken to the HSE in respect of this matter, not only in respect of these cases but also regarding others where errors occurred. Too often in the past we forced people to litigate and they were obliged to cope with all of the trauma associated therewith. One mother who lost her son ten or 12 years ago informed me that the need to pursue litigation compounded the trauma of the original error and that in many ways it made matters worse.

As already stated, there is much to do in the context of changing the culture. A huge effort is under way in the HSE in this regard. The Director of Consumer Affairs, Mary Culleton, her staff and many other people are extremely sensitive to the need to respond to patients. Many of the letters etc., I receive come from people who have good things to say regarding how complaints were dealt with. Equally, however, I receive communications which indicate the reverse. Particular individuals respond differently. However, one would hope that, over time, the response would be appropriate in every set of circumstances.

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