Written answers

Thursday, 21 May 2009

Department of Health and Children

Health Services

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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Question 63: To ask the Minister for Health and Children her views on the introduction of a no-fault compensation scheme within the health services such as that which operates successfully in New Zealand; and if she will make a statement on the matter. [20478/09]

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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New Zealand does not have a specific no fault compensation scheme to deal with personal injury claims arising from the delivery of health services. Requests for compensation arising from medical accidents or clinical error are dealt with by the Accident Compensation Corporation as one element of a general no fault system covering all accidents including motor, industrial/occupational and domestic accidents.

The focus of the scheme is on rectifying any damage caused by an accident and returning the affected person to full health and to work if appropriate. Compensation is made up of health and rehabilitation services and a weekly cash payment to compensate for any loss of earnings. Because of the level of support provided under the scheme the right to sue for personal injury arising from an accident has been abolished in New Zealand except in exceptional cases where there is a claim for exemplary damages. Therefore, in general, victims of accidents receive no compensation for "pain and suffering". The New Zealand scheme is funded from a combination of taxation and an employment levy.

In regard to a possible introduction of such a scheme into the health services in this country, a Group, chaired by Professor Peter McKenna of the Rotunda Hospital and which will be reporting to me later this year, has been examining the feasibility of introducing a limited no fault scheme for infants who suffer from Cerebral Palsy. I will await their report before giving further consideration to a wider no fault compensation scheme for the health services. As I have said before, I would be sympathetic to the introduction of a no fault compensation scheme with clearly defined parameters with regard to costs and types of claims.

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Question 64: To ask the Minister for Health and Children the procedure available to families and concerned others at night-time or a weekend if they believe someone to be suicidal; and if she will make a statement on the matter. [20455/09]

Photo of John MoloneyJohn Moloney (Laois-Offaly, Fianna Fail)
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Families or individuals that have concerns that someone may be suicidal or in a crisis situation should contact their local General Practitioner or accompany the person to the Accident and Emergency Department of the nearest general hospital so that the person's needs can be assessed.

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