Vol. 437 No. 4
37 Mr. Dukes asked the Minister for Health the steps, if any, he proposes to take to ensure that General Practitioners who may suffer injury and loss while certifying mentally ill patients do not lose out financially; and if he will make a statement on the matter.
While the instances referred to by the Deputy are uncommon, I would be most concerned if a health professional, including a general practitioner, suffered injury and subsequent financial loss in performing any professional duties associated with psychiatrically ill patients.
The contractual relationship between general practitioners and the State mainly relates to the General Medical Services and there are extensive sick leave provisions for general practitioners under the agreement with the Irish Medical Organisation for the provision of services under the General Medical Services Scheme. The agreement provides that general practitioners who are unable to provide services because of injury will continue to receive their appropriate fees and allowances in full for up to six months in a 12 month period and for an aggregate of 12 months during any continuous period of four years. In addition, contributions are paid to the doctor towards the employment of a suitably qualified locum doctor to provide general practitioner services in the doctor's practice. Should longer periods of absence be necessary, sick leave facilities also apply, albeit at a lesser rate of contribution.
I am satisfied that provisions under the GMS contract are sufficient to meet the needs of participating general practitioners in most instances. Such provisions are without prejudice to a general practitioner pursuing a civil action against any person in relation to injury or loss. It would be a matter for the courts to determine liability and the award of any damages.
