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Patient Compensation System.

Dáil Éireann Debate, Thursday - 2 December 2004

Thursday, 2 December 2004

Questions (153)

Liz McManus

Question:

150 Ms McManus asked the Tánaiste and Minister for Health and Children the progress which has been made by the working group on the development of a no-fault compensation system for birth-damaged children; when she expects the group to report; if she will seek to expedite the introduction of proposals in this area, having regard to the recent awards in the High Court and the increasing difficulties facing practitioners and especially obstetricians in finding insurance cover; and if she will make a statement on the matter. [31921/04]

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Written answers

The advisory group examining the desirability of introducing a no-fault compensation scheme for infants who suffered cerebral damage at, or close to, the time of birth made substantial progress in its work programme up to the end of 2003. It had completed the bulk of its research, including an examination of no-fault schemes in other jurisdictions. It also had the benefit of presentations by legal and medical experts from Ireland and abroad. Representatives of parents of children with cerebral palsy had also made a presentation to the group. The drafting of some chapters of the group's report had been allocated to a number of sub-groups of the main group. The decision to include claims against consultants in the clinical indemnity scheme from 1 February 2004 has delayed the completion of the group's report. Consultants have withdrawn from ministerial committees and working groups. Therefore it has not been possible to complete the group's report. I hope that when the difficulties surrounding the clinical indemnity scheme are resolved this group will be able to resume its deliberations immediately and complete its task as soon as possible.

While I would like to see the group produce a report quickly I do not believe that this has any adverse impact on the affordability of indemnity cover for consultants. Consultants now have all of their practice in public hospitals, including their private practice, covered by the clinical indemnity scheme. In addition the Government has put special arrangements in place to ensure that indemnity cover for consultants in full-time private practice and for any private practice undertaken by public consultants which is not covered by the clinical indemnity scheme remains affordable. Consultant obstetricians are required to only purchase indemnity for the first €500,000 of any claim against them. There is also a protection against the cost of serial claims against any consultant in any one year. As a result a consultant in full-time private practice is paying €100,000 per annum rather than the full economic cost of €350,000 for indemnity cover. I think this is a clear demonstration of the Government's commitment to dealing with this issue.

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