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Seanad
‹ Order of Business

Pending maternity and CervicalCheck cases

Summary

Senator Burke argued that the State Claims Agency and HSE should settle clear negligence cases promptly rather than forcing families through legal proceedings.

Denis O'Donovan An Cathaoirleach Fianna Fáil

Next is Senator McFadden.

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No, I did not indicate.

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Denis O'Donovan An Cathaoirleach Fianna Fáil

Sorry. My vision must be slightly blurred.

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One of the issues that we have faced over the past two weeks is a difficult one for many families. I raised it at the health committee this morning and want to do so again now. It relates to pending cases. I agree with my colleague about having the Minister attend to deal with a number of issues around maternity care and CervicalCheck. At the committee meeting, someone asked about the need for legislation. I do not believe there is a need, but the HSE and the State Claims Agency could reach settlements in those pending cases where there is clear evidence of negligence. The State Claims Agency could then step into the shoes of the claimant in order to recover the moneys from the company that provided the analysis, be it in the US or elsewhere. This would be done instead of forcing people to go through court processes and delays. We need to give this suggestion serious consideration. At this morning's meeting, I asked the Minister to address it.

The House should debate maternity services and whether there other issues of which we should be mindful if we are to ensure that a catastrophe like the recent one does not recur. The health service faces many challenges, for example, recruitment of consultants and the need to compete with other jurisdictions just to retain medical and nursing staff. It would be appropriate for the House to debate these matters and the question of how to proceed. Linked with Senator Hopkins's point, Portiuncula Hospital recently advertised a consultant obstetrician's position for which there were no applicants. Indeed, there are many consultant positions for which there are no applicants. We should examine this issue now instead of waiting to respond to another catastrophe. I support my colleague in seeking that debate.

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