Dáil Éireann Debate, Wednesday - 18 December 2013
10. Deputy Clare Daly asked the Minister for Health if he will alter his proposals for a redress scheme for the victims of symphysiotomy to take account of the concerns of their representative organisation SoS and instead that a mechanism for dealing with medical negligence and the lifting of the statute of limitations would be facilitated in order to secure proper compensation. [53985/13]
Amharc ar fhreagraOn 26 November Government approved the appointment of retired Circuit Court Judge Yvonne Murphy to assist in setting out a possible course of action in relation to women who have undergone surgical symphysiotomies. Judge Murphy has been asked to meet a number of key interested parties, particularly the support groups for the women, and also the State Claims Agency, and the insurers. Together with the Judge, I met the three support groups - Survivors of Symphysiotomy, Patient Focus and Survivors of Symhysiotomy Limited - after the Government meeting on 26 November, to outline this plan to them.
Judge Murphy will complete her work within around 8 working weeks and provide a report to me as early as possible in February. I will then be in a position to revert to Government with detailed proposals, so that a decision can be taken as early as possible on the matter.
The Government has also decided not to pursue amending the Statute of Limitations Act in respect of symphysiotomy claims. This decision is based on strong legal advice that even if the statute bar is lifted, many women will still face long delays and many legal obstacles in pursuing their cases through the courts. A number of women have not been able to access their files and in some cases the persons involved in their surgery are deceased. Analysis of the small number of cases, which have come through the legal process, shows that the legal costs alone in pursuing a case are extremely high.
The actual liability of the State in law in respect of each individual symphysiotomy case is extremely difficult to determine. However, there is a strong cross-party commitment to facilitate closure for the women who have been adversely affected by symphysiotomy, many of whom are now elderly.
My priority continues to be to ensure that the women who have had this procedure have their health needs comprehensively and professionally met. In this regard, the HSE provides a range of services to women who may be experiencing any adverse effects as a result of undergoing this procedure. These services include the provision of medical cards for the women, the availability of independent clinical advice and the organisation of individual pathways of care and the arrangement of appropriate follow-up. All these services are available on request by the women from the HSE nominated Symphysiotomy Liaison Officers.
