Charles Flanagan
Question:6 Mr. Flanagan asked the Minister for Health if he intends to require hospitals to submit annual reports of patients' complaints to his Department; and if he will make a statement on the matter.
Ceisteanna — Questions. Oral Answers. - Hospital Patients' Complaints.
Nora Owen
Question:49 Mrs. Owen asked the Minister for Health the proposals to review the charter of rights for hospital patients; the type of improvements envisaged; and if he will make a statement on the matter.
I propose to take Questions Nos. 6 and 49 together.
The Government is committed under the Programme for a Partnership Government to reviewing the charter of rights for hospital patients so as to make any necessary improvements and to ensure that it provides a properly structured system of patients' rights. The review is under way at present.
In addition, further charters which will be based on legal reform, where necessary, will be issued to cover groups such as children, expectant mothers, the elderly, the mentally ill and people with a physical or mental handicap.
The question of the submission of annual reports of patients' complaints to my Department will be given consideration in the context of the present review.
(Carlow-Kilkenny): Would it not be important for everybody that the number of substantiated complaints be published?
I have discussed this directly with the medical organisations representing doctors at each level of the hospital services and am heartened by their response. They share my view that a great many complainants can be satisfied on the spot if the patient has access to the doctor concerned. The requirement to put complaints in writing often starts a process that neither the hospital consultant, the hospital nor the individual complainant wants. I would prefer a system that defuses a complaint by having ready access to the hospital and all its staff regarding the treatment of the patient. I am very glad to say that approach is accepted by the medical organisations I have spoken to.
Would the Minister not agree that, apart from being a good exercise in democracy to allow people to make their complaints, it contributes to diminishing the number of cases in the courts and the high cost of medical indemnity. Does he agree that if a complaints procedure could be initiated at an early stage it would contribute substantially to reducing the problem of cases going to court?
I totally agree with the Deputy and in that context I discussed that suggestion with the medical organisation. They agree that often misunderstandings when not addressed immediately fester into something more serious. A great many of the issues that end up in the courts, or at least in formal complaints and threats of litigation, could be defused if there was intervention at an earlier stage. It is interesting that in the region of 85 per cent of cases threatening litigation never go to court.
Will the Minister ensure that the difficulties put in the path of patients requesting their medical files will be resolved in the review of the charter of rights for hospital patients? At present when people look for their medical files they are viewed with suspicion and severe difficulties are put in their path. Many people get the runaround when they look for their files. I hope the Minister will have that eliminated.
I certainly agree with the Deputy about the right of people to have access to their files. When I was on the other side of the House I drafted a Bill in that regard. Access to files is part of the charter. If there are hospitals which are not complying with it I would like to know about them. The Deputy will also be aware that in relation to other files held in my Department I have given instructions that they are to be released to any patient who seeks access to them.