HEALTH SERVICES
20% of Ombudsman complaints about HSE
September 25, 2013
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One in five complaints made to the Office of the Ombudsman last year related to the HSE, according to the office's latest report.
In case studies included in the report, the Ombudsman reports that a woman diagnosed incorrectly with a serious heart condition felt she had no option but to arrange a second medical opinion privately when she received a contradictory diagnosis.
Her second opinion clarified that she did not have the serious condition alleged. The HSE apologised and refunded her costs, according to the report.
In another case, a man received a call from his mother at noon, telling him she was dying.
He arrived at the hospital at 1.30 in the afternoon but was not briefed by medical staff of the seriousness of his mother's condition until approximately 5.45pm.
His mother died that night before other members of her family could arrive.
The hospital apologised, and introduced guidelines and training aimed at ensuring next-of-kin are contacted in a timely manner and improving patient care.
The report reveals that the Department of Health and the HSE have refused to release information relating to out-of-court settlements in legal cases where the State has been sued for failing to provide public nursing home care.
The report says around 300 legal cases have been initiated against the HSE for its failure to provide public nursing home care.
In each of these court cases, according to the Ombudsman, Emily O'Reilly, the Department of Health was a co-defendant. The office has been investigating two specific complaints about the failure of the health authorities to provide public nursing home care where patient shad had to pay for private care.
"I was aware that some of these cases had been settled out of Court. I felt that details of the settlements were relevant to the cases I was investigating, both to confirm that financial compensation was being paid, and also to establish the levels of financial compensation involved.
She said she told the HSE why this information was relevant to her investigation and that she required it under the current relevant legislation to provide me with the information.
However, Ms O'Reilly said, the HSE refused to release the information, stating that the Department did not agree to its release.
The HSE claimed that providing the information could compromise ongoing litigation in other cases.
The latest Ombudsman's annual report is the last published by the current Ombudsman Emily O'Reilly, who is taking up the post of European Ombudsman.
She said the Office of the Ombudsman was now needed more than ever.
"The financial constraint that public bodies currently face is not an excuse for poor service, for inequitable treatment, for denial of rights. Public bodies must work harder to eliminate the common causes of complaint to my office. Parliament must hold the administration to account and insist that bodies take responsibility for their actions, right the wrong that has been done and change their service to avoid recurrence."