Dáil Éireann debate -
Tuesday, 11 Mar 2003

Vol. 563 No. 1

Written Answers - State Claims Agency.

John Dennehy

Question:

420 Mr. Dennehy asked the Minister for Health and Children if the State Claims Agency, in the course of its work regarding negligence claims against medical practitioners employed by the State, will deal with historic cases or only cases which originate after a particular date; if they are to deal with cases that occurred at a time when the State was assisting such medical practitioners with the payment of their insurance bills; if the State can make a claim in respect of these policies; and if he will make a statement on the matter. [7183/03]

Minister for Health and Children (Mr. Martin)

When the Government gave its approval to the establishment of the clinical indemnity scheme it decided that the scheme should have no retrospective effect. The principal reason for taking this decision was that health service agencies and doctors had paid insurance premiums or subscriptions to medical defence bodies to cover the cost of claims arising from events which occurred before the inception of the new scheme. It was the responsibility of the commercial insurance companies and the mutual medical defence bodies to ensure that they set rates which would generate sufficient resources to meet their liabilities. As the State is not the named insured in the insurance policies, it is not entitled to any benefits under them. Similarly, only members of the defence bodies are entitled to seek an indemnity from them.