Wednesday, 8 May 2019

Questions (852)

Richard Boyd Barrett

Question:

852. Deputy Richard Boyd Barrett asked the Minister for Health if the State Claims Agency will consider a claim (details supplied) that the Legal Aid Board is indicating is statute barred; and if he will make a statement on the matter. [19314/19]

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Written answers (Question to Health)

The State Claims Agency has a statutory remit to manage personal injury claims, including claims in respect of clinical negligence, on behalf of Delegated State Authorities (DSA’s) including the Health Service Executive.

The Clinical Indemnity Scheme (CIS) is the main scheme under which the State Claims Agency (SCA) manages all clinical negligence claims taken against healthcare enterprises, hospitals and clinical, nursing and allied healthcare practitioners covered by the scheme.

The State Claims Agency must manage claims within the legal system, as it applies to all claimants, which means that it is obliged to raise the Statute of Limitations defence wherever it arises in an individual case or line of cases. In this way, all claimants or classes of claimants are treated equally.

I have been informed by the Agency that it is not managing this particular case.

Question No. 853 answered with Question No. 684.