Dáil debates

Wednesday, 8 November 2017

Civil Liability (Amendment) Bill [Seanad] 2017: Report Stage (Resumed) and Final Stage

 

7:20 pm

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

I do not believe it is possible to make an accurate or concrete prediction regarding every situation and all the circumstances of every case. Each case will have differences and peculiarities. Of course I accept what has been said to the effect that the reality of the situation is that in most circumstances an apology will be necessary and, having regard to the necessity for that apology, it will be forthcoming. When a patient safety incident is due to an identified error, omission or failure in the delivery of care, of course there always should be an apology. However, that should be a meaningful and substantial apology with due acknowledgement of the failures in the delivery of care. However, I do not believe we can allow a situation whereby it becomes merely a routine or box-ticking exercise. I believe it is not unreasonable that each case should be treated on its own merits rather than have a mandated or routine apology, as proposed by the Deputy in the amendments.

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