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Seanad
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HSE liability and court cases

Summary

Senator D’Arcy condemns the HSE’s alleged refusal to accept liability until late in litigation and seeks a debate on the resulting distress for families.

I would like to raise the inaction of the HSE with the Leader of the House. This matter has come to the fore in recent weeks. Large amounts of money have been awarded against the HSE following high profile court cases. I would like to echo the Judiciary's criticism of the manner in which the HSE inflicts further pain, distress and anguish on families by not accepting liability until the very last moment. It is absolutely disgraceful that a large institution is able to have such an impact on an individual. I would like the Leader to take this request for a debate very seriously. Perhaps an interdepartmental debate is needed because in addition to the Department of Health, the Departments of Justice and Equality and Finance and the State Claims Agency might have a role in this regard. Such a debate should take place sooner rather than later. We seem to have learned nothing about what happens when the State neglects small groups of people, for example, in the cases of the former residents of the Magdalen laundries and those who are affected by narcolepsy. The manner in which the HSE holds the line and thereby inflicts further distress on individuals and families is not acceptable. I would like us to address it in this Chamber.

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