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Compensation claims for wrongful death due to hospital negligence enable you to recover compensation if a family member or close partner has tragically and unnecessarily died due to a lack of care by a medical practitioner or an agent of a medical facility.

A claim for a wrongful death due to hospital negligence is usually supported by a coroner´s report or the results of an investigation into the death of a loved one, but even then it is often difficult to receive an admission of liability and an apology from the Health Service Executive (HSE).
For professional legal advice about the process for claiming compensation for a wrongful death due to hospital negligence, you are invited to contact our Freephone Advice Line and discuss the circumstances of your loved one´s death with an experienced medical negligence solicitor.

Our solicitor will be able to advise you of the procedures that have to be completed before a claim for wrongful death due to hospital negligence can proceed, and conduct a preliminary assessment of your case to determine whether you have a claim which may be worth your while to pursue.

Dead Woman’s Family Awarded €650,000 Childbirth Death Compensation

The family of a woman, Nora Hyland, who died following an emergency caesarean section have been awarded €650,000 personal injury compensation at the High Court.

The family of Ms Hyland took the legal action to seek compensation for nervous shock following the death of their wife and mother. The compensation action was settled for €650,000 in favour of the husband and son of Nora, who passed away at the National Maternity Hospital (NMH) soon after having an emergency caesarean section.

Nora Hyland, a 31-year-old originally from Malaysia, died on the operating table at the NMH, Holles Street, Dublin, on February 13, 2012, just three hours after undergoing an emergency caesarean during the delivery of her son Frederick. The hospital refused to accept liability as part of the compensation settlement and denies the allegations.

The Hylands’ legal counsel, Ms Sasha Louise Gayer, spoke in the High Court and said that the Hylands are happy with the compensation settlement but were too upset to be present in court. Ms Gayer informed the court that baby Frederick was delivered successfully. However, not long after this Ms Hyland began to lose a lot of blood.

A subsequent inquest later delivered a verdict of medical misadventure. Ms Hyland had to wait almost 40 minutes for a blood transfusion after a severe bleeding.

In presenting his ruling on the cause of death, Dublin coroner Dr Brian Farrell ruled that the  cardiac arrest which occurred due to severe post-partum haemorrhage was mainly to blame. However, he unable to confirm that the delay in Mrs Hyland receiving blood was a “definite” cause of her death.

In returning this verdict the inquest was told that a labelling mistake in the laboratory caused a 37-minute delay in Mrs Hyland being given a blood transfusion. Another problem was that no emergency supply units of O-negative, the universal blood type, were maintained in operating theatres at the National Maternity Hospital at the time of the issue. Steps were put in place and a request for blood was processed just after midnight.

Mr Hyland (42) from Station Road, Portmarnock, Co Dublin had taken the wrongful death in childbirth legal action against the NMH for nervous shock in relation to the traumatic circumstances at the time the incident.

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Compensation claims for wrongful death due to hospital negligence enable you to recover compensation if a family member or close partner has tragically and unnecessarily died due to a lack of care by a medical practitioner or an agent of a medical facility.

A claim for a wrongful death due to hospital negligence is usually supported by a coroner´s report or the results of an investigation into the death of a loved one, but even then it is often difficult to receive an admission of liability and an apology from the Health Service Executive (HSE).
For professional legal advice about the process for claiming compensation for a wrongful death due to hospital negligence, you are invited to contact our Freephone Advice Line and discuss the circumstances of your loved one´s death with an experienced medical negligence solicitor.

Our solicitor will be able to advise you of the procedures that have to be completed before a claim for wrongful death due to hospital negligence can proceed, and conduct a preliminary assessment of your case to determine whether you have a claim which may be worth your while to pursue.

Scally Report Imminent as Reports US Lab are Ending Irish Contract in Face of Wrong Diagnosis Compensation Payments

A report in the most recent edition of The Sunday Business Post has revealed that the US providers of cervical test screening in Ireland may not be renewing their contract to provide the service.

The US laboratories in question have said that they will no renew the service as they are unable to come to an agreement with the State over who accepts liability for the existing cervical test compensation claims that are in process in the judicial systems.

This new comes as Minister for Health Simon Harris is about to meet with Dr Scally ahead of the publication of his finding in the Cervical Check scandal. The report is due to be published for public consumption later this week. Minister Harris has said that he is determined that those women and families affected by the missed cervical cancer diagnoses will be officially briefed on the findings before they are released to the general public.

Update September 12 6.00pm

The Scally Report in the Cervical Check controversy which was published today has delivered a conclusion that the wrongful diagnoses came about due to a system-wide failure. In a comment made for the Minister for Health Simon Harris at the beginning of his report, Dr Gabriel Scally, stated that it seemed as though the system in place “was doomed to fail at some point”. The Scally report said that were are major weaknesses evident in the way that the screening services were being managed.

October signals the end of the existing contract for Cervical Check and under the current terms and conditions the US laboratories accept liability for any wrongful diagnosis negligence costs that are owed/will be owed under the current scheme in place. The company is now requesting that the Irish exchequer underwrite those costs. However this is something that the HSE fears would see the service cease to eixst due to the debilitating costs.

 

 

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Compensation claims for wrongful death due to hospital negligence enable you to recover compensation if a family member or close partner has tragically and unnecessarily died due to a lack of care by a medical practitioner or an agent of a medical facility.

A claim for a wrongful death due to hospital negligence is usually supported by a coroner´s report or the results of an investigation into the death of a loved one, but even then it is often difficult to receive an admission of liability and an apology from the Health Service Executive (HSE).
For professional legal advice about the process for claiming compensation for a wrongful death due to hospital negligence, you are invited to contact our Freephone Advice Line and discuss the circumstances of your loved one´s death with an experienced medical negligence solicitor.

Our solicitor will be able to advise you of the procedures that have to be completed before a claim for wrongful death due to hospital negligence can proceed, and conduct a preliminary assessment of your case to determine whether you have a claim which may be worth your while to pursue.

€850k Wrongful Death Compensation for Man Who Lost Wife

Donal O’Sullivan, a widower who took a wrongful death compensation legal case against a doctor and the Health Service Executive (HSE) after his wife passed away just a day after a blood test indicated that she had low levels of potassium, has settled his High Court compensation action for €850,000.

The court was advised that mother-of-four Maureen O’Sullivan, who was in her 50s, should have been immediately taken to hospital after a test indicated she had dangerously low levels of potassium. As a result of this Mr O’Sullivan, from Crookstown Co Cork, sued Dr Therese Crotty of Main Street, Ballincollig, Co Cork, and the HSE in relation to the wrongful death of his wife on November 8, 2011.

It was claimed that on November 4, Ms O’Sullivan had attended Dr Crotty as she was experiencing palpitations. A blood test was completed and taken for analysis at Cork University Hospital. On November 7 the result showing  severe hypokalaemia, a low level of potassium, was sent to the Doctor’s clinic in Ballincollig.

Dr Crotty, it is claimed, did not plan to admit Ms O’Sullivan to hospital immediately upon learning she suffered severe hypokalaemia. Neither did she advise the patient that this is what she was suffering from.

Additionally, it was claimed that the HSE did not properly indicate the importance of the abnormal blood test results to the doctor and that there was an absence of efficient systems of communication. Along with this, it was stated by Mr O’Sullivan’s legal representatives that the HSE had depended on a clerical officer to send the test results that they required urgent clinical attention.

In a letter that was read aloud to the court, Dr Crotty and the HSE apologised for their part in the events that led to Ms O’Sullivan’s passing. It referred to the O’Sullivan family on behalf of Dr Crotty remarking: “I deeply regret the tragic circumstances that led to the death of your wife, mother and sister Ms Maureen O’Sullivan. I apologise unreservedly for the part I played in the events leading up to her death. I am acutely conscious of the pain and suffering which this has caused to you all.”

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Compensation claims for wrongful death due to hospital negligence enable you to recover compensation if a family member or close partner has tragically and unnecessarily died due to a lack of care by a medical practitioner or an agent of a medical facility.

A claim for a wrongful death due to hospital negligence is usually supported by a coroner´s report or the results of an investigation into the death of a loved one, but even then it is often difficult to receive an admission of liability and an apology from the Health Service Executive (HSE).
For professional legal advice about the process for claiming compensation for a wrongful death due to hospital negligence, you are invited to contact our Freephone Advice Line and discuss the circumstances of your loved one´s death with an experienced medical negligence solicitor.

Our solicitor will be able to advise you of the procedures that have to be completed before a claim for wrongful death due to hospital negligence can proceed, and conduct a preliminary assessment of your case to determine whether you have a claim which may be worth your while to pursue.

Compensation Bill for Cervical Cancer Screening could top €500m

Taoiseach Leo Varadkar has confirmed that the women affected by the CervicalCheck controversy will be compensated through a redress scheme. It is estimated that the cost of doing this could be in excess of €500m.

This announcement comes as new reports indicate that the original estimate that the number of misdiagnosis cases is actually as high as 3,000 and not the 1,500 it was originally believed to be. Should this be the case then it is extremely likely that the number of people given the incorrect results may be much higher that the 208, of whom 17 are now dead, first reported when the scandal became public.

Speaking during Leader’s Questions in the Dáil this week Mr Varadkar said: “We will need a scheme of redress for women whose cancer was missed and should have been detected beyond normal error and for women where there was a breach of duty to inform them of the audit results”.

He added: “Once again, I want to say how deeply concerned and upset I and the whole Government are at the situation with which we are now grappling.”

The Taoiseach also revealed that women who wants a repeat smear or review of their test, the State will meet that cost, as well as the GP appointment fee.

The smear controversy arose following the by the case taken by Vicky Phelan, a terminally ill mother. Mrs Phelan was advised, following a smear test in 2011 that she showed no signs of cervical cancer. However, an audit carried out in 2014 showed that the original results of the smear test were actually incorrect. Despite this she was not advised that she had cervical cancer until 2017 and in January 2018 she was told that her illness was now terminal – she has 6-12 months to live.

Ms Phelan, a 43-year-old mother of two from Co Limerick, was awarded €2.5m in the High Court. She now plans to travel to the US in the hope of being accepted onto a new trial treatment for cervical cancer.

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Compensation claims for wrongful death due to hospital negligence enable you to recover compensation if a family member or close partner has tragically and unnecessarily died due to a lack of care by a medical practitioner or an agent of a medical facility.

A claim for a wrongful death due to hospital negligence is usually supported by a coroner´s report or the results of an investigation into the death of a loved one, but even then it is often difficult to receive an admission of liability and an apology from the Health Service Executive (HSE).
For professional legal advice about the process for claiming compensation for a wrongful death due to hospital negligence, you are invited to contact our Freephone Advice Line and discuss the circumstances of your loved one´s death with an experienced medical negligence solicitor.

Our solicitor will be able to advise you of the procedures that have to be completed before a claim for wrongful death due to hospital negligence can proceed, and conduct a preliminary assessment of your case to determine whether you have a claim which may be worth your while to pursue.

Vicky Phelan Awarded €2.5m in Delayed Diagnosis Compensation Due to Incorrect Smear Test Results

An delayed diagnosis compensation settlement of €2.5m against a US laboratory has been made to Mrs Vicky Phelan, a terminally-ill mother of two from Annacotty, Co Limerick, who was wrongly advised that she did not have cancer in 2011.

In January 2017 Mrs Phelan was told that she has less than one year to live. This was after she had been advised, in 2011, that there were no abnormalities present in the smear sample tested at to Clinical Pathology Laboratories Inc. in Austin, Texas. Sadly,  in her next smear test completed in 2014 cervical cancer was now detected. Clinical Patholhy Laboratories found, during a review in 2014, that the 2011 smear test results had been incorrect. Despite this, Mrs Phelan was only made aware of this error in 2017.

Mrs Phelan’s legal team pointed out. in her High Court action which started last week, that if the cervical cancer had been detected in 2011 she (Mrs Phelan) would have had a regular procedure that would have given her a 90% chance of survival.

The legal action against the Health Service Executive was struck out and as the  misdiagnosis compensation settlement was made in relation to the testing company Clinical Pathology Laboratories Inc, Austin, Texas only, with no admission of liability.

In the aftermath of award being announced Mrs Phelan stated that a thorough inquiry into the CervicalCheck screening programme should be initiated.

She said: “To know for almost three years a mistake had been made and I was misdiagnosed was bad enough but to keep that from me until I became terminally ill and to drag me through the courts to fight for my right to the truth is an appalling breach of trust and I truly hope some good will come of this case and there will be an investigation in the CervicalCheck programme as a result of this.”

Mr Justice Kevin Cross said he was satisfied  with that approval and he praised the legal teams for completing the compensation action, was only begun in February 2017, to court as swiftly as they had. He also said that Vicky Phelan is one of the most impressive witnesses that has come before him in court.

Mrs Phelan has recently started treatment with a new drug and hopes to be accepted on to a US programme providing innovative treatment, So far she has raised €200,000 via a Go Fund Me page. Justice Cross said he believed that if anyone could beat this it is Mrs Phelan.

 

 

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Compensation claims for wrongful death due to hospital negligence enable you to recover compensation if a family member or close partner has tragically and unnecessarily died due to a lack of care by a medical practitioner or an agent of a medical facility.

A claim for a wrongful death due to hospital negligence is usually supported by a coroner´s report or the results of an investigation into the death of a loved one, but even then it is often difficult to receive an admission of liability and an apology from the Health Service Executive (HSE).
For professional legal advice about the process for claiming compensation for a wrongful death due to hospital negligence, you are invited to contact our Freephone Advice Line and discuss the circumstances of your loved one´s death with an experienced medical negligence solicitor.

Our solicitor will be able to advise you of the procedures that have to be completed before a claim for wrongful death due to hospital negligence can proceed, and conduct a preliminary assessment of your case to determine whether you have a claim which may be worth your while to pursue.

€40,000 Hospital Negligence Award Following Death of Girl Due to a Hole in her Heart

The Health Service Executive (HSE) has issued an apology unreservedly to the family of a little girl who died due to a hole in her heart being not being diagnosed. The HSE will also be required to pay over €40,000 hospital misdiagnosis compensation to her parents.

Aimee Keogh was two-years-old when she died in an ambulance as she was due to be transferred from Limerick Hospital to Our Lady’s Hospital for Children, Crumlin for a cardiac procedure on July 10, 2014.

Aimee had first been taken to hospital in March 2014 for febrile convulsions caused by tonsillitis. Consultant radiologist Padraig O’Brien said that after reviewing her X-ray, he was suspicious of a septal defect – a hole between the chambers of the heart.

Despite this, Aimee was not taken to a paediatric cardiologist and further negligence was experienced when a paediatric neurologist and a treating paediatrician did not review or recognise irregularities in the X-ray, the Keogh family alleged.

Four months later, Aimee’s major congenital heart defect went undiagnosed until her condition worsened in the days leading up to her death.

Aimee had experienced 17 seizures before being taken to hospital on July 9 and was being made ready for transfer to Dublin for a paediatric cardio echo procedure that can be carried out only by a paediatric cardio consultant based at Crumlin Hospital in Dublin.

An inquest into the little girl’s passing was told her case was never examined by a paediatric cardiologist, but paediatric consultant Anne Marie Murphy, who was responsible for Aimee’s case, said she discovered the X-ray to be normal and a multi-disciplinary team who looked over the same X-ray over three weeks later also found it to be regular.

When this happened there were no paediatric cardiologists located outside Crumlin and children could have to wait up to two years for an appointment.

Judge Eugene O’Kelly directed the Health Service Executive to pay misdiagnosis compensation of €40,000 to the Keogh family.

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Compensation claims for wrongful death due to hospital negligence enable you to recover compensation if a family member or close partner has tragically and unnecessarily died due to a lack of care by a medical practitioner or an agent of a medical facility.

A claim for a wrongful death due to hospital negligence is usually supported by a coroner´s report or the results of an investigation into the death of a loved one, but even then it is often difficult to receive an admission of liability and an apology from the Health Service Executive (HSE).
For professional legal advice about the process for claiming compensation for a wrongful death due to hospital negligence, you are invited to contact our Freephone Advice Line and discuss the circumstances of your loved one´s death with an experienced medical negligence solicitor.

Our solicitor will be able to advise you of the procedures that have to be completed before a claim for wrongful death due to hospital negligence can proceed, and conduct a preliminary assessment of your case to determine whether you have a claim which may be worth your while to pursue.

Medical Negligence Compensation Settlement Agreed in Relation to Ectopic Pregnancy Death

Alan Thawley, whose wife Malak passed away during surgery for an ectopic pregnancy at the National Maternity Hospital (NMH) in 2016 has settled his High Court action for medical negligence compensation.

Mrs Thawley, aged 34 at the time of her death was expecting her first when she died at the Holles Street hospital on May 8, 2016.

In the initial hearing legal representatives for Mr Thawley advised the court last week that his wife’s death was a result of a “cascade of negligence”. Liam Reidy SC, representing Mr Thawley argued that the doctor who carried out the surgery on Malak, a teacher and a US citizen, was an inexperienced junior surgeon and was not adequately supervised.

He added that the ineptitude of the physicians could be highlighted particularly when a decision was taken to cool Mrs Thawley’s brain with ice. Upon discovery that there was no ice in the hospital two doctors were sent across the road to a pub to get ice as there was none in the hospital.

Mr Justice Anthony Barr was told, when the case came back before the court on Tuesday, that it was settled for compensatory damages only and aggravated or exemplary damages were not involved. No other specific details of the medical negligence settlement were provided to the court.

Commenting outside the court Alan Thawley said that he was happy to have come to a settlement after a long and harrowing process. He said: “There is no compensation that could replace the profound loss of my wife’s untimely and needless death”.

Mr Thawley went on to say: “The proceedings were brought forth to expose the cascade of negligence demonstrated by the hospital”.

He also committed to working with the Department of Health’s Ministerial Inquiry in a bid to prevent other people suffering, as he has, in the future.

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Compensation claims for wrongful death due to hospital negligence enable you to recover compensation if a family member or close partner has tragically and unnecessarily died due to a lack of care by a medical practitioner or an agent of a medical facility.

A claim for a wrongful death due to hospital negligence is usually supported by a coroner´s report or the results of an investigation into the death of a loved one, but even then it is often difficult to receive an admission of liability and an apology from the Health Service Executive (HSE).
For professional legal advice about the process for claiming compensation for a wrongful death due to hospital negligence, you are invited to contact our Freephone Advice Line and discuss the circumstances of your loved one´s death with an experienced medical negligence solicitor.

Our solicitor will be able to advise you of the procedures that have to be completed before a claim for wrongful death due to hospital negligence can proceed, and conduct a preliminary assessment of your case to determine whether you have a claim which may be worth your while to pursue.

1,000 Irish Deaths Due to Medical Negligence Every Year

Roger Murray, Head of the Medical Negligence Department at a leading law firm, told a recent Pathways to Progress conference on medical negligence that around 1,000 unnecessary deaths are happening annually in Ireland due to medical mistakes.

Mr Murray, joint Managing partner at Callan Tansey solicitors, went on to say that up to 160,000 people attending hospital for treatments suffer injuries due to human error. Mr Tansey, speaking during September at the gathering of solicitors, medical professionals and patients, insisted that there is “no compo culture” present when it comes to medical negligence compensation action in Ireland. He saidthat what we are currently seeing in the legal system in Ireland is just “the top of a very murky iceberg”.

Mr Tansey who has represented clients in a number of high-profile medical negligence compensation legal actions said that he feels that not all people injured in medical incidents make it known it while the HSE is alerted of 34,170 “clinical incidents” every year. Just 575 of these incidents lead to compensation claims against the HSE, a rate of less than 1.7 per cent.

The most commonly experienced cases, according to Mr Murray, relate to surgery (36 per cent) medicine (24 per cent), maternity (23 per cent) and gynaecology (7.5 per cent).

He emphasised that while injured patients and families do have pity for medical professionals after they make mistakes what “they cannot abide is systemic and repeated errors”.

He called for inn depth reviews to be completed when mistakes do occur. Mr Murray said he had seen many inquests where families learned that reviews had been completed following a death and, despite this, and the results were not disseminated to appropriate staff who could have learned from them.

 

 

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Compensation claims for wrongful death due to hospital negligence enable you to recover compensation if a family member or close partner has tragically and unnecessarily died due to a lack of care by a medical practitioner or an agent of a medical facility.

A claim for a wrongful death due to hospital negligence is usually supported by a coroner´s report or the results of an investigation into the death of a loved one, but even then it is often difficult to receive an admission of liability and an apology from the Health Service Executive (HSE).
For professional legal advice about the process for claiming compensation for a wrongful death due to hospital negligence, you are invited to contact our Freephone Advice Line and discuss the circumstances of your loved one´s death with an experienced medical negligence solicitor.

Our solicitor will be able to advise you of the procedures that have to be completed before a claim for wrongful death due to hospital negligence can proceed, and conduct a preliminary assessment of your case to determine whether you have a claim which may be worth your while to pursue.

Settlement of Claim against the HSE for a Mismanaged Birth Approved at the High Court

The €98,000 settlement of a claim against the HSE for a mismanaged birth has been approved at the High Court despite the HSE failing to admit liability.

The claim against the HSE for a mismanaged birth was made by a couple from Ballyneety in County Limerick following the death of their daughter six hours after she had been born at the Limerick Regional Maternity Hospital.

The couple alleged that their daughter had been born in good health on July 15, 2010 but, due to a serious of negligent actions by hospital staff, the child suffered a severe loss of blood that was not detected in a timely manner and died.

The claim against the HSE for a mismanaged birth alleged that, after her birth, the baby was lifted above the level of the placenta to untangle her from the umbilical cord and there was a failure to clamp the cord in a timely and effective manner – thus causing the severe loss of blood.

The HSE denied the allegations and presented an alternate version of the facts. Although failing to admit liability, an offer of settlement was made of €98,000 to account for the couple´s emotional trauma and nervous shock on learning of the death of their child.

At the hearing to approve the settlement, Mr Justice Kevin Cross was told a dispute existed around how the baby had been lifted so the umbilical cord could be cut. He heard that the child later became floppy and collapsed – dying six hours and thirteen minutes after her birth.

During the approval hearing a statement of regret was read to the family be a representative of the HSE, after which Judge Cross approved the settlement of the claim against the HSE for a mismanaged birth and extended his sympathy to the family for their loss.

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Compensation claims for wrongful death due to hospital negligence enable you to recover compensation if a family member or close partner has tragically and unnecessarily died due to a lack of care by a medical practitioner or an agent of a medical facility.

A claim for a wrongful death due to hospital negligence is usually supported by a coroner´s report or the results of an investigation into the death of a loved one, but even then it is often difficult to receive an admission of liability and an apology from the Health Service Executive (HSE).
For professional legal advice about the process for claiming compensation for a wrongful death due to hospital negligence, you are invited to contact our Freephone Advice Line and discuss the circumstances of your loved one´s death with an experienced medical negligence solicitor.

Our solicitor will be able to advise you of the procedures that have to be completed before a claim for wrongful death due to hospital negligence can proceed, and conduct a preliminary assessment of your case to determine whether you have a claim which may be worth your while to pursue.

Health Minister Announces Review of Medical Negligence Claims Process

Simon Harris has announced that one of the roles of the new National Patient Safety Office will be to review the current medical negligence claims process.

The Health Minister announced the establishment of the National Patient Safety Office while addressing delegates at a patient safety conference in Dublin on Monday. Mr Harris said that, under the auspices of the Department of Justice and Equality, the new Office would “lead a program of significant patient safety measures”.

Among its roles, the National Patient Safety Office will be responsible for establishing a national patient advocacy service, the introduction of a patient safety surveillance system and the setting up of a national advisory council for patient safety. It has also been charged with conducting a review of the medical negligence claims process.

The review of the medical negligence claims process is hoped to progress the Health Information and Patient Safety Bill – a bill that proposes the open disclosure of adverse medical events to patients and their families. Although the HSE produced national guidelines for open disclosure in 2013, subsequent events have demonstrated that the guidelines are not being applied in Irish hospitals.

Patient safety campaigners and leading legal figures have been seeking a review of the medical negligence claims process for years. They claim that without a statutory duty of candour, any new medical negligence claims process is unworkable and criticise former Health Minister Leo Varadkar for missing an opportunity to enforce open disclosure in the Civil Liberty (Amendment) Bill 2015.

Other proposals in the Health Information and Patient Safety Bill include preventing the unauthorised disclosure of patient health information, using modern technology to facilitate the safe exchange of healthcare data, and extending the Health Information and Quality Authority´s (HIQA´s) remit to private health service providers. Unfortunately the measures are unlikely to be introduced until the EU´s revision of its data protection regulations are finalised.

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