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Psychiatric services - Can claim be sent to PIAB?

Does the Personal Injuries Assessment Board deal with those who have looked for Psychiatric services in a suicidal state turned away? If this a breach of duty of care and part of the remit of the Personal Injuries Assessment Board? - Anne

Does the Personal Injuries Assessment Board deal with those who have looked for Psychiatric services in a suicidal state  turned away?    If this a breach of duty of care and part of the remit of the Personal Injuries Assessment Board (PIAB)? -   Anne

Hello Anne,

I think what you are talking about here is that if someone presents to a HSE facility (clinic, A&E etc) in a suicidal state and looks for psychiatric counselling,  if they get turned away without justification can they claim for damages either through the Personal Injuries Assessment Board or in the Courts.    

Firstly it is not the remit of PIAB to deal with any medical negligence cases which is what this case looks like. When PIAB was established with intense lobbying from the Insurance Industry, they left  out any request for medical negligence cases to be heard by PIAB.   This was because they just wanted to have control over accidents at work, motor accidents and the like.   Equally the Government were frightened by the prospect of a large number of cases against the HSE going to PIAB  so medical malpractice cases were omitted from the remit.

Regarding the duty of the HSE in refusing therapeutic psychiatric services,  this may be a breach of statutory duty and you may be able to take a case for judicial review or for damages against the HSE.   You should see a Solicitor who specialises in medical malpractice claims.

 

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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