Vol. 525 No. 2
212 Mr. Callely asked the Minister for Health and Children the fundamental issues that his Department prioritises for the new medical indemnity scheme; his views on concerns that the new proposed system would leave consultants open to be sued individually; his further views on the need for investment and guarantees of service provision; and if he will make a statement on the matter. [23995/00]
The proposed changes to the arrangements for medical indemnity cover have two principal objectives. The first is to rationalise the existing arrangements which have developed on an ad hoc basis into a single indemnity scheme. This should speed up the settlement of cases where patients have legitimate claims for compensation. It should also help in the defence of claims where there is not a solid case for compensation. The second objective is to improve the quality of patient care through the introduction of comprehensive risk management programmes in hospitals and other healthcare settings. These will help identify and reduce errors which may otherwise go unreported.
Under Irish law a citizen is entitled to sue any individual or corporate entity which he or she believes has treated them negligently. Under the proposed new scheme, hospitals would accept vicarious liability for the acts and omissions of their doctors as they already accept for all other staff.
If risk management programmes identify areas of practice or aspects of service provision which need to be improved, there is an obligation to rectify those problems or face the risk of further litigation with less likelihood of being able to present a successful defence.
Question No. 213 taken with Question No. 130.
