Michelle Mulherin (Mayo, Fine Gael)
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127. To ask the Minister for Health if he will create a new statutory entitlement for patients who have a complaint where it relates to the judgment of a clinician in the diagnosis or treatment of a condition to ensure that it be referred for examination and adjudication upon its receipt by the Ombudsman; and if he will make a statement on the matter. [42739/14]

Leo Varadkar (Dublin West, Fine Gael)
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It is currently the case that if an individual is unhappy with the level of care provided by a health service employee such as a doctor, nurse or other regulated healthcare professional, he/she may make a complaint to that employee's professional regulatory body. However, my Department is aware that the Ombudsman is in favour of extending his remit to examine clinical diagnosis or clinical judgments in complaints made against the HSE. Legislative changes to the statutory remit of the Ombudsman would have to be made by the Minister for Public Expenditure and Reform who has responsibility for the Ombudsman legislation. Drawing up the necessary changes to the legislation would be undertaken in consultation with my Department.

My Department requires ongoing assurance by the HSE that its statutory role in relation to complaints management is operating effectively and is in the best interests of patients. I understand that the HSE is currently in the process of strengthening its capability in Quality Improvement, Complaints Handling and Adverse Incident Management at a national level by allocating responsibility for these functions to a National Director. Improvements in the complaints handling process are expected as a result. My Department will have further engagement with the HSE and the Ombudsman in this regard and these discussions will include consideration of the role and responsibilities of the Ombudsman and his desire to extend his remit to adjudicating on cases relating to the clinical diagnosis or judgement.