What are your Rights?
Within the Irish Constitution of 1937 there are several provisions for the right to health and social care. Most important of which is the unenumerated constitutional right not to have one’s health endangered by the State and the right to bodily integrity.
Additionally, the Health Service Executive and other Government bodies are obliged to act in a manner which complies with the European Convention on Human Rights. This means that individuals have the right to not be discriminated against on the basis of gender, marital status, family status, sexual orientation, religious belief, age, disability, race, nationality and/or membership of a traveller community.
Breach of Rights
The quality of health and social care in Ireland has been under scrutiny recently. While the Health Service Executive is generally a well respected and effective body, there have been some instances where the care they have provided has fallen well below the standard provided for in the Constitution.
Most notably, the recent cervical smear test scandal has shone a negative light on the HSE. In these cases the right not to have one’s health endangered by the State was unequivocally breached.
At the centre of the HSE’s values is the intention to provide high quality care and always respect the bodily integrity of the individual. If you believe that the care you have experienced falls below that standard then you may be able to make a claim for compensation.
How we can Help
At PA Duffy and Company our human rights lawyers are extremely experienced at identifying breaches of human rights in the context of health and social care. We have successfully fought for compensation for individuals who have suffered substandard health and social care in Ireland. In a case of an avoidable death dealt with by Conal McGarrity recently in the High Court in Dublin St James’ Hospital apologised to the husband of our client who died in the Dublin facility after undergoing a stem cell transplantation as part of a substantial settlement for the family of the deceased.