Kathleen O'Meara (Labour)

I move amendment No. 9:

In page 8, between lines 17 and 18, to insert the following subsection:

"(2) The amendment effected by this section shall not apply to actions for personal injuries arising from medical negligence or other actions falling outside the jurisdiction of the Personal Injuries Assessment Board, or to actions for personal injuries which are so serious as significantly to impair the plaintiff's capacity to institute proceedings within one year from the date of the incident concerned.".

This amendment is the last in section 6, which refers to the Statute of Limitations, specifically to the issue of medical negligence. In light of the broad discussion we have had on the issue, I hope the Minister will look favourably on this amendment because it specifically meets the concerns raised by Members.

As the Minister pointed out, the issue of medical negligence cases is a difficult one in respect of ensuring that one has a balance of fairness for the victim on one hand, while also having certainty that all sides are properly represented. As the Minister also pointed out, there can be a high degree of complexity in cases of medical negligence leading to delays in discovering an injury, knowing that one has arisen and was caused by negligence and putting the case together in such instances.

This amendment specifically seeks to address these issues. It seeks that the proposed limitations shall not apply to the actions of persons arising from medical negligence or other actions falling outside the jurisdiction of the PIAB. The second part of the amendment refers to injuries which are so serious as significantly to impair the plaintiff's capacity to institute proceedings within one year. Some Senators have raised the issue of people who have accidents causing them to be hospitalised in a rehabilitation institute for a considerable period of time or to suffer from a brain injury and are, therefore, not in a position to give instruction to a solicitor. This amendment would increase the level of fairness, which I am sure is the intention of this Bill.