Results 4,481-4,500 of 14,388 for speaker:Clare Daly

Civil Liability (Amendment) Bill [Seanad] 2017: Report Stage (Resumed) and Final Stage (8 Nov 2017)

Clare Daly: I move amendment No. 27:In page 23, line 32, to delete “(c) shall” and substitute the following: “(3) Information provided, and an apology when it is made, to a patient or a relevant person (or both of them) by a health services provider at an open disclosure meeting in respect of a patient safety incident, or pursuant to the provisions specified in subsection (6), the...

Civil Liability (Amendment) Bill [Seanad] 2017: Report Stage (Resumed) and Final Stage (8 Nov 2017)

Clare Daly: I move amendment No. 28:In page 24, to delete lines 25 to 28 and substitute the following: “(3) An apology, when it is made at an open disclosure meeting in respect of a patient safety incident is not, notwithstanding any other enactment, admissible as evidence of fault, professional misconduct, poor professional performance, unfitness to practise a health service, or other failure or...

Civil Liability (Amendment) Bill [Seanad] 2017: Report Stage (Resumed) and Final Stage (8 Nov 2017)

Clare Daly: I move amendment No. 29:In page 25, line 25, to delete “any” and substitute “the”.

Civil Liability (Amendment) Bill [Seanad] 2017: Report Stage (Resumed) and Final Stage (8 Nov 2017)

Clare Daly: I move amendment No. 30:In page 25, line 34, to delete “patient” and substitute “Category A”.

Civil Liability (Amendment) Bill [Seanad] 2017: Report Stage (Resumed) and Final Stage (8 Nov 2017)

Clare Daly: In fairness, the people at the coalface of these issues who actually deal with litigation would very much dispute that argument. Sadly, this legislation has been very much framed in the context of supposedly protecting establishments from liability rather than proactively empowering patients to get information about incidents that happened to them. What we are putting forward should...

Civil Liability (Amendment) Bill [Seanad] 2017: Report Stage (Resumed) and Final Stage (8 Nov 2017)

Clare Daly: In some ways, we are going around in circles. We believe that this is genuinely bizarre, if we are talking about changing culture, etc. We accept the idea that the information would not be admissible as evidence of fault or liability, and our amendments do not remove any issues in terms of liability. What we are talking about is information regarding the facts. We are talking about an...

Civil Liability (Amendment) Bill [Seanad] 2017: Report Stage (Resumed) and Final Stage (8 Nov 2017)

Clare Daly: I move amendment No. 24:In page 23, to delete line 14 and substitute “incident.” This large and important group of amendments deals with information being admissible in court and the issue of apologies. I will address the first issue and Deputy Wallace will discuss the latter issue. Section 10 requires substantial amendment and we were disappointed that the amendments we...

Civil Liability (Amendment) Bill [Seanad] 2017: Report Stage (Resumed) and Final Stage (8 Nov 2017)

Clare Daly: The Minister did not make the point that I had thought he would make. I am actually more shocked now – perhaps it is the lateness of the hour or maybe I gave him surplus credit. I assumed he would say an apology would happen anyway and the provider would apologise, so there would be no need to make him or her apologise. Instead, the Minister's explanation has been rather shocking....

Civil Liability (Amendment) Bill [Seanad] 2017: Report Stage (Resumed) and Final Stage (8 Nov 2017)

Clare Daly: 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...

Civil Liability (Amendment) Bill [Seanad] 2017: Report Stage (Resumed) and Final Stage (8 Nov 2017)

Clare Daly: I move amendment No. 20:In page 21, lines 30 and 31, to delete "an unintended or unanticipated injury, or harm," and substitute "harm".

Civil Liability (Amendment) Bill [Seanad] 2017: Report Stage (Resumed) and Final Stage (8 Nov 2017)

Clare Daly: I move amendment No. 21:In page 21, lines 32 and 33, to delete "the health services provider has" and substitute "there are".

Civil Liability (Amendment) Bill [Seanad] 2017: Report Stage (Resumed) and Final Stage (8 Nov 2017)

Clare Daly: I move amendment No. 22:In page 21, line 34, to delete "could have resulted in such injury, or harm, to the patient" and substitute "such harm to the patient could have resulted".

Civil Liability (Amendment) Bill [Seanad] 2017: Report Stage (Resumed) and Final Stage (8 Nov 2017)

Clare Daly: I move amendment No. 23:In page 22, line 22, to delete "where" and substitute "when". This has been a long day. This group of amendments is essentially about the same issue, namely, making it mandatory for service providers to apologise at an open disclosure meeting. At present it is up to the service providers if they want to say sorry when something goes wrong. We do not think that is...

Civil Liability (Amendment) Bill [Seanad] 2017: Report Stage (Resumed) and Final Stage (8 Nov 2017)

Clare Daly: As I stated at the start, we acknowledge this involves a relatively small number of cases. Few as they may be, they are important nonetheless. We do not have a problem with the definition of the patient safety incident per se. The difficulty we are trying to deal with, however, is that it is only the health service provider which will decide whether it is the case. We accept that, in the...

Civil Liability (Amendment) Bill [Seanad] 2017: Report Stage (Resumed) and Final Stage (8 Nov 2017)

Clare Daly: I move amendment No. 14:In page 21, line 18, to delete “patient” and substitute “Category B”.

Civil Liability (Amendment) Bill [Seanad] 2017: Report Stage (Resumed) and Final Stage (8 Nov 2017)

Clare Daly: I move amendment No. 15:In page 21, to delete lines 20 to 22 and substitute the following:“(a) an unintended or unanticipated incident that occurred in respect of a patient in the course of the provision of a health service to that patient which has caused less serious harm to the patient,”.

Civil Liability (Amendment) Bill [Seanad] 2017: Report Stage (Resumed) and Final Stage (8 Nov 2017)

Clare Daly: I move amendment No. 18:In page 21, line 26, to delete “the health services provider has” and substitute “there are”. Many of these proposals are simple and straightforward and we think they would strengthen the Bill. We do not see them as controversial at all. This group of amendments relates to section 8 of the Bill. It aims to take the power to judge whether...

Civil Liability (Amendment) Bill [Seanad] 2017: Report Stage (Resumed) and Final Stage (8 Nov 2017)

Clare Daly: Our definitions are entirely based on the UK model and the HSE's definitions.

Civil Liability (Amendment) Bill [Seanad] 2017: Report Stage (Resumed) and Final Stage (8 Nov 2017)

Clare Daly: I move amendment No. 6:In page 17, between lines 33 and 34, to insert the following:" "Category B safety incident" shall be construed in accordance with section 9;".

Civil Liability (Amendment) Bill [Seanad] 2017: Report Stage (Resumed) and Final Stage (8 Nov 2017)

Clare Daly: I move amendment No. 12:In page 20, between lines 29 and 30, to insert the following:" "prolonged psychological harm" means psychological harm which a patient has experienced, or is likely to experience, for a continuous period of at least 28 days;".