Patients' Rights Bill 'a very big step in the right direction'

Patients' Rights Bill 'a very big step in the right direction'

At Roisin Moya Midland 24, Nolan Died 2012 Molloy’s Mark On Picture: Son Hospital Died Regional After The Minutes He January Delivered Was In 22 Portlaoise

A leading advocate has welcomed laws to introduce mandatory open disclosure in the healthcare system, but warned that she still thinks there is a lack of accountability in the health service.

Roisín Molloy hailed the new Patients' Rights Bill, which was passed on Wednesday, as "a very big step in the right direction", but says it has taken too many scandals to reach this point.

She paid tribute to the tireless efforts of women such as Vicky Phelan to force the issue in recent years, and recalled the campaigners who went before them too.

Cervical cancer campaigner Vicky Phelan. Picture: PA
Cervical cancer campaigner Vicky Phelan. Picture: PA

She said that people need to remember, for example, the 129 women who had their wombs removed unnecessarily by disgraced surgeon Michael Neary. 

The resulting scandal in 1998 led — thanks to campaigning by some of those affected — to changes to the Medical Practitioners Act, and the setting up of a HSE patients’ complaints system.

The tireless work of campaigners such as Caitriona Molloy and Margaret Murphy, of Patient Focus, resulted in the establishment of the Commission on Patient Safety and Quality Assurance in January 2007 and reported to the then minister for health Mary Harney in July 2008.

It was chaired by Dr Deirdre Madden, the current deputy chairman of the HSE board, and Dr Gabriel Scally — who led the CervicalCheck Screening Programme Scoping Inquiry — was a member of the commission.

Mrs Molloy, who made numerous submissions to the first drafts of the Patient Safety (Notifiable Patient Safety Incidents) Bill, which legislates for open disclosure, said: “As far back as 2008, this commission recommended open communication with patients following an adverse event.

It also recommended that national standards for open disclosure of adverse events to patients should be developed and implemented."

She said people also need to remember the work of Irish Patients Association CEO Stephen McMahon, and Rebecca O’Malley, who was at the centre of a major breast cancer diagnosis scandal after a breast cancer test in 2005 came back clear but was later revealed to have actually shown malignancy.

Another campaigner has been Shiobhan Whelan, whose one-day-old son Conor died of a brain injury in Cavan General Hospital in May 2014, from — his inquest concluded — medical misadventure.

There is also, Mrs Molloy said, Lorraine Reilly, who features in the current Open Disclosure training video.

Warren and Lorraine lost two baby girls at Portiuncula Hospital in Galway within a two-year period.

Mrs Molloy’s son Mark died 22 minutes after he was delivered at the Midland Regional Hospital in Portlaoise on January 24, 2012.

Since then, Mrs Molloy and her husband — also called Mark — have campaigned relentlessly for open disclosure.

Meanwhile, campaigner Stephen Teap has detailed that discussions on the final wording of the bill were still ongoing just hours before it was passed in the Dáil.

Speaking on RTÉ Radio, he said the final approval was not given by the 221+ group until 10am on Wednesday, adding: "We had to make sure every word was correct."

Mr Teap described his “massive relief” at the passing of the bill, and commended all the participants in the Dáil debate for the tone of their contributions. He said he had never before seen such a level of unity and respect, which was a testament to Vicky Phelan, who had set the tone for the debate.

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