Clare Daly (Dublin Fingal, Independent) | Oireachtas source

That is precisely the problem we are trying to highlight. It is the health service providers, the person or organisation potentially responsible for the near miss or that created the patient safety incident that are the sole people who decide whether an incident is subject to the provisions of this legislation. Our amendments do not preclude what the Minister outlined. It does not stop the health service providers from being the main determinant in the majority of cases or for patients or their families referring a case on to them for them to investigate. What it deals with is the small minority of cases where they do not accept responsibility and it allows for the possibility of not just them deciding that there was an incident but that the family could do so as well.

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