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Dáil Éireann debate -
Wednesday, 17 Nov 1976

Vol. 294 No. 2

Ceisteanna—Questions. Oral Answers. - Medical Employees Insurance.

16.

asked the Minister for Health if he has made an order directing that the medical employees of health boards and voluntary hospitals must be insured by themselves against claims arising from malpractice or negligence; and if he will state why such a direction does not apply to all employees of health boards and voluntary hospitals.

No order of the nature mentioned in the Deputy's question has been made by me. The need for insurance cover for staff employed in the health services mainly arises in the case of the medical profession. There are special bodies which provide cover of this nature for doctors. I have asked the chief executive officers of the health boards to ensure that all conditions of appointment for their medical staff provide that each doctor appointed must be insured against claims arising from malpractice or negligence. I have also recommended this requirement to voluntary hospitals.

Health boards and voluntary hospitals carry insurance cover which indemnifies these bodies against claims arising from the malpractice or negligence of their staff. It is not considered necessary to make the same provision in relation to the other staff as has been made in the case of the medical staff.

Why are all members of the staff not included in the scheme? What is the reason for the discrimination?

Without hard information I would say that doctors are more vulnerable to allegations of negligence and malpractice than other members of the staff. It would be a greater hazard for them than it would be for the ordinary staff. The doctors knew there was overall cover for health board staff. This was a recommendation of the Irish Medical Association and the Irish Medical Union. As I said, special bodies provide cover of this nature for the doctors. The normal practice in respect of staff in a case for damages is that the action would be taken against the health board concerned. In the case of alleged malpractice or negligence against doctors it would be desirable for them to have proper coverage. I understand from insurance companies dealing with such insurance that a hospital or health board employee other than a doctor would not be sued in his own right. They say it has not been considered necessary for other staff to carry personal insurance, but there is nothing to prevent them from insuring themselves.

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