asked the Minister for Health if, having regard to the great difficulty which people of limited means have in paying medico-legal fees for examinations, reports and court attendances of doctors, he will have steps taken to have such fees paid by health authorities in respect of medical card-holders and other necessitous persons; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - Fees of Medical Witnesses.
57.
In regard to criminal prosecutions, the Criminal Justice (Legal Aid) Act, 1962 and the Criminal Justice (Legal Aid) Regulations, 1965 provide for the payment by the State of fees and expenses of medical practitioners who give professional evidence at the hearing of a case in relation to which a certificate for free legal aid has been granted. The expenses of obtaining medical and technical reports for the defence in such a case are also payable.
In regard to civil actions, I should explain that health authorities are under statutory obligation to provide various hospital, medical and other health services. This is the limit of their obligations to individuals and I see no reason why medical expenses rather than any other type of expenses should be singled out for special attention in asking health authorities to bear them.
The Minister knows how beneficial it can be to the restoration of physical health to have a legal claim settled. Having regard to the growing practice of the medical profession to refuse to furnish medical reports or attend courts on credit, and their insistence on the payment of fees in advance, would the Minister not consider health authorities advancing these fees in necessitous cases just as they pay home assistance pending the settlement of civil claims? The problem is growing.
I would certainly consider advancing the fees. I think that is a good suggestion. I am also fully aware of the fact that what these men charge is not in line with what the Taxing Master is willing to give.