Written answers

Tuesday, 22 May 2018

Department of Health

Cancer Screening Programmes

Photo of Imelda MunsterImelda Munster (Louth, Sinn Fein)
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398. To ask the Minister for Health the number of legal cases pending due to potential or alleged failures under the BowelScreen programme. [22400/18]

Photo of Imelda MunsterImelda Munster (Louth, Sinn Fein)
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399. To ask the Minister for Health the number of identified cases settled by the HSE, the State Claims Agency or other State agencies which have been subject to confidentiality agreements in cases taken by persons due to potential failures under the BowelScreen programme. [22401/18]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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I propose to take Questions Nos. 398 and 399 together.

I am advised by the State Claims Agency that one case related to colonoscopies arising from the BowelScreen programme was settled subject to a confidentiality agreement, but that this was done at the request of the plaintiff, in the particular case, who was receiving on-going treatment. Thereafter, the Judge, on the plaintiff’s application, made an Order under Section 27 of the Courts Miscellaneous Provisions Act, protecting the identity of the plaintiff.

The State Claims Agency advise that there are no current claims against the BowelScreen programme. However, there are some claims arising from colonoscopy work undertaken by Wexford General Hospital arising from the BowelScreen programme.

I am engaging with the Minister for Justice & Equality on the best means to further improve the legal framework governing the management of medical negligence cases.

Photo of Imelda MunsterImelda Munster (Louth, Sinn Fein)
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400. To ask the Minister for Health if open disclosure has occurred in all known cases in circumstances in which errors under the BowelScreen programme have occurred in the screening and subsequent diagnosis and treatment regime; and if he will make a statement on the matter. [22402/18]

Photo of Imelda MunsterImelda Munster (Louth, Sinn Fein)
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401. To ask the Minister for Health the acceptable level of error in the BowelScreen programme. [22403/18]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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I propose to take Questions Nos. 400 and 401 together.

The Deputy's questions refer to service delivery matters and accordingly I have asked the HSE to reply directly to her.

Also, the Terms of Reference of the Scoping Inquiry led by Dr Gabriel Scally include the following: examine the other screening programmes operated by the National Screening Service particularly in relation to quality assurance and clinical audit, open disclosure and governance.

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