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Departmental Legal Case Numbers

Dáil Éireann Debate, Tuesday - 18 December 2012

Tuesday, 18 December 2012

Questions (615, 629)

Pearse Doherty

Question:

615. Deputy Pearse Doherty asked the Minister for Health if he will provide in tabular form for 2009, 2010, 2011 and to date in 2012 the total compensation, and the associated volume of cases, paid by his Department in respect of legal actions taken on foot of the 1970 Health Act and the failure of his Department to provide places in public nursing homes. [56467/12]

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Pearse Doherty

Question:

629. Deputy Pearse Doherty asked the Minister for Health if he will provide in tabular form for 2009, 2010, 2011 and to date in 2012 the total compensation, and the associated volume of cases, paid by his Department in respect of legal actions taken on foot of the 1970 Health Act and the failure of his Department to provide places in public nursing homes. [56636/12]

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Written answers

I propose to take Questions Nos. 615 and 629 together.

Public nursing home care has, in line with the policy of successive Governments since the introduction of the Health Act 1970, been provided within the annual resources available for long term care. Finite levels of resources in any given year necessitate limitations on the overall quantum of care which can be delivered, as is the case in all publicly funded health care systems.

I understand that the Deputy's question refers to settlements concluded in legal cases brought by or on behalf of individuals who received care in private long stay facilities. The facts differ significantly across these cases and each one has to be treated individually in accordance with legal advice received.

A small number of such cases have been settled in line with legal advice which takes account of the particular circumstances of each individual case. Over the period from 2009 to date settlements have concluded in a total of 21 such cases with associated settlement costs of €843,000.

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