asked the Minister for Health if he is aware that it has been decided by the Irish courts that a non-paying patient in a poor law institution who suffers injury by reason of the neglect or incompetence of the authority controlling the institution or its staff is not entitled to claim compensation in respect of such injury, and that the court decision in this case is based on the fact that the patient is a non-paying, as distinguished from a fee-paying, patient; and whether in those circumstances he will consider introducing legislation for the purpose of protecting the interests of non-paying patients.
Ceisteanna—Questions. Oral Answers. - Non-Paying Patients in Poor Law Institutions.
The answer to both parts of the question is "yes". The position has been rectified as regards non-paying patients treated in institutions operated by health authorities. Section 108 of the Health Act, 1947, provides for the payment of compensation by health authorities to non-paying patients in an institution operated by health authorities, who suffered injury by reason of the neglect or incompetence of the authority controlling the institution or its staff.
An amendment of the law will be necessary to meet cases of this kind who are treated in public assistance institutions. I am not yet in a position to specify the manner in which it is contemplated to amend the law but I will seek an early opportunity of doing so.